HE MILITARY 

OCCUPATION OF 

■* 1846*1051 * i 




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Glass. 







Book 'Tl{ 



CqyrigM?— 



COPYRIGHT DEPOSIT. 



THE HISTORY 

OF THE 

Military Occupation 

OF THE 

Territory of New Mexico 

FROM 1846 TO 185 1 



GOVERNMENT OF THE 
UNITED STATES 

TOGETHER WITH 

Biographical Sketches of Men Prominent in 

the' Conduct of the Government 

During that Period 



RALPH EMERSON TWITCHELL 

Vice-President New Mexico Historical Society 



denver, colorado 

The Smith-Brooks Company. Publishers 

1909 






Copyright, 1909 
By Ralph Emerson Twitchell 



C!a.A, 24 4 05 2 
JUL 26 1909 




General Stephen "Watts Kearny. 



To the memory of Lawrence L. Waldo, who lost his life 
by the assassin's bullet, at Mora, New Mexico, en the first 
day of the Mexican uprising, January 19, 1847, this volume 
is inscribed. 

He was a pioneer upon the old Santa Fe-Chihuahua Trail, 
and, in all his business and social relations, was the true 
concept of a gentleman. 

Although a non-combatant, he was a martyr to the march 
of American progress and civilization. 



CONTENTS 

Page. 

CHAPTER 1 17 

1. The War with Mexico. 2. Causes and Leading 
Events. 3. Position Claimed by Mexico. 4. The United 
States and Its Claims. 5. Annexation of Texas No 
Just Cause for the War. 6. Mexico Begins Hostilities. 
7. Congress Declares Existence of War. 

CHAPTER II 38 

1. Organization of the Army of the West, Under 
General S. W. Kearny. 2. March Across the Plains 
and Concentration at Bent's Fort. 3. The Army 
Invades New Mexico and Crosses the Raton Mountains. 
4. The Army Reaches Las Vegas and General Kearny 
Makes Address. 5. The Army Moves on the Capital by 
Way of San Miguel and the Apache Pass. 6. General 
Manuel Armijo Masses Mexican Forces at Apache Pass. 
7. General Kearny Receives Word that Armijo Has 
Fled and Army Dispersed. 8. Army Proceeds to Santa 
Fe. 9. General Kearny Takes Possession of Capital and 
Hoists the American Flag. 10. Proclamation Issued, 
Claiming New Mexico for the United States. 11. 
Kearny, with a Substantial Force, Marches Down the 
Valley of the Rio Grande and Returns to Santa Fe. 
12. Kearny, with Portion of the Army, Leaves for 
California, Colonel Doniphan Remaining in Command 
at Santa Fe. 

CHAPTER III 95 

1. The March to Chihuahua. 2. Colonel Doniphan 
Ordered Against the Navajo Indians. 3. Treaty with 
the Navajo Indians by Doniphan. 4. Colonel Doniphan 
Proceeds Down the Valley of the Rio Grande. 5. Battle 
of the Brazito. 6. Colonel Doniphan Occupies El Paso. 
7. Marches on the City of Chihuahua. 8. The Battle of 
Sacramento. 9. Occupation of the City of Chihuahua. 

10. Departure of Army for Saltillo and Monterey. 

11. Return of the Army to the United States. 



Page. 

CHAPTER IV 122 

1. General Sterling Price in Command at Santa Fe. 
2. The Archuleta Conspiracy. 3. The Taos Revolution. 
4. The Killing of Governor Charles Bent. 5. The Bat- 
tles of La Canada, Embudo, Taos and Mora. 6. The 
Leaders Are Tried by Court Martial and Hanged. 7. 
Fight with Indians at Red River Canon. 8. Fight at 
Las Vegas and Destruction of the Town. 9. Fight at 
Arroyo Hondo. 10. Fr. Antonio Jose Martinez. 11. 
Legislative Assembly Under Military Rule. 12. Differ- 
ences Between Military and Civil Authorities. 13. 
Formation of the Territory of New Mexico. 

BIOGRAPHICAL SKETCHES. 

1. General Stephen Watts Kearny 203 

2. Governor Donaciano Vigil 207 

3. Willard P. Hall 230 

4. Diego Archuleta 238 

5. Thomas H. Benton 250 

6. Carlos Beaubien 267 

7. Christopher (Kit) Carson. 271 

8. Manuel Antonio Chaves 285 

9. Nicolas Pino 310 

10. David Waldo 323 

11. William Gilpin 337 

12. John W. Reid 346 

13. Francis P. Blair, Jr 368 

14. General Sterling Price 358 

15. Henry Connelly 365 

1 6. James Magoffin 376 

17. Antonio Jose Otero 361 

18. Richard Hanson Weightman 381 



ILLUSTRATIONS 



Subject. Page. 

Portrait of General Stephen Watts Kearny 3 

Portrait of General A. W. Doniphan 18 

Government Scout — He Led the Way 22 

The Army of the West Crossing the Great Plains 25 

Old Fort Bent 27 

A Valuable Aid to the Commissary Department 30 

The Army Crossing the Sapello 34 

General Kearny Addressing the People of Las Vegas .... 37 

The Army Leaving Las Vegas for Santa Fe 39 

Ruins of Pecos Pueblo — Ancient Aztec Kiva 42 

Ruins of Old Catholic Church at Pecos Pueblo 44 

Alcalde of Pecos Announcing Flight of General Armijo. . 47 

The Army at Apache Pass 51 

Portrait of General Manuel Armijo 55 

Fac-Simile of Proclamation of General Armijo 58-59 

Raising American Flag Over Old Palace 66 

Old Palace, 1909 68 

Proclamation of General Kearny at Santa Fe .70-71 

Fac-Simile of Oath of Allegiance of Juan Bautista Vigil y 

Alarid 76-77 

Plan of Santa F6 and Its Environs 81 

Portrait of Governor Charles Bent 85 

Fac-Simile of Page of Stamped Paper 88 

General Kearny and Command on the Gila, En Route 

to California 90 

Santo Domingo Indians Entertaining Kearny and Staff. . . 92 

Fac-Simile of Page of Kearny Code 94 

Portrait of General Doniphan at Seventy Years of Age ... 97 

Portrait of General Sterling Price, 1846 99 

General Doniphan Concluding Treaty with Navajo Indians 101 
General Doniphan's Command Crossing the Jornada del 

Muerto 1 03 

Plan of the Battle of Brazito 104 

Fac-Simile of Black Flag Carried by Mexicans at Battle 

of Brazito 106 

The Battle of Brazito 108 






Subject. Page. 

Cannon Captured at Battle of Sacramento 110 

Plan of the Battle of Sacramento 112 

Charge of Captain Reid at Sacramento 114 

The Missouri Mounted Volunteer 117 

Old Church at Taos 126 

Battle of Taos— Death of Captain Burgwin 130 

Portrait of Fr. Antonio Jose Martinez 135 

Battle of Mora 137 

Fight at Las Vegas 143 

Monument to General Doniphan at Liberty, Missouri 189 

Portrait of Gen. S. W. Kearny 202 

Portrait of Donaciano Vigil 206 

Portrait of Willard P. Hall 229 

Portrait of Don Diego Archuleta 238 

Fac-Simile of Certificate of Decoration of Cross of Honor 

to Archuleta by Mexican Government 241 

Don Diego Archuleta in Plaza, 1884 245 

Fac-Simile of Brigadier General's Commission to Archu- 
leta by Governor Connelly 246 

Portrait of Thomas H. Benton 249 

Portrait of Carlos Beaubien 266 

Portrait of Christopher (Kit) Carson 270 

est Pueblo at Taos 273 

Old Home of Carson at Taos 276 

Grave of Carson at Taos 281 

Portrait of Manuel Antonio Chaves 284 

Portrait of Nicolas Pino 309 

Portrait of David Waldo 322 

Portrait of William Gilpin 336 

Portrait of John W. Reid 345 

Portrait of General Sterling Price 357 

Portrait of Governor Henry Connelly 364 

Portrait of Frank P. Blair 367 

Portrait of James Magoffin 375 

Portrait of Richard Hanson Weightman 380 



INTRODUCTION. 

A comprehensive history of New Mexico remains 
to be written. Many books and pamphlets, covering 
various periods in its history, have been published but 
no one of them is entirely free from errors and inac- 
curacies. 

The general lack of knowledge of the events which 
have transpired in this portion of our country, even 
during so brief and recent a period of our history as 
that covered by this volume, displayed by the average 
citizen in casual conversation, has prompted and in- 
duced its preparation. While making no special pre- 
tense as an historical writer, the author has attempted 
to record, with reasonable accuracy, the events of the 
American Occupation period. For more than a quarter 
of a century a citizen of New Mexico, he has always 
been interested in securing all the information possible 
relative to its past. No opportunity was lost by way 
of inquiry of the old residents of the City of Santa F6 
and elsewhere during the first years of his residence 
in the Territory. Almost all of the old men, who were 
personally cognizant of the affairs of New Mexico 
during the war with Mexico, have passed away, but 
in many note books has been faithfully recorded every 
statement of consequence, bearing upon the history 
of New Mexico as communicated by them to the au- 
thor. Old documents, pictures and books and letters 
have been collected and preserved with scrupulous 
care. 

While yet very young and living in Jackson 
county, Missouri, the author met and was well ac- 
quainted with General Doniphan and Colonel John W. 



Reid, who had been a captain in Doniphan's regiment. 
On many occasions he has listened to a recital of the 
events transpiring during the great march from the 
Missouri river to Chihuahua. General Doniphan was 
always willing to tell of his experiences. Colonel Reid 
often told of the battles of Brazito and Sacramento. It 
was he who actually led a charge of cavalry up the hill 
at Sacramento, against an enemy entrenched and re- 
sisting with heavy artillery the assault of the gallant 
Missouri volunteers. From him was learned the story 
of the battle of Brazito, how the black flag waved from 
the lance of the Mexican officer who demanded the 
surrender of Doniphan, the flight of Ponce de Leon, 
the Mexican general, the defeat of the enemy at Sacra- 
mento, the occupation of Chihuahua, its evacuation 
and the army's march to join General Zachary Taylor. 
These stories made great impressions; the pictures 
formed of battles, of fights with Indians, the hunting 
of buffalo, the treaty with the Navajos and the de- 
scriptions of localities and individuals, have never 
been eradicated and are as vivid and as realistic as 
though of yesterday. 

New Mexico, in its more than three centuries of 
Spanish, Mexican and American control, has been the 
theatre of much historic drama. Here is presented to 
the student a wonderful field of historic research. The 
American Occupation period has been chosen as the 
one most easily described, and, at the same time, one 
of the most interesting in the history of the American 
people, containing, as it does, the deeds of men who 
won the West, men whose courage, devotion to country 
and true citizenship enabled them to "accomplish the 
greatest military achievement of modern times, a 
single regiment of citizen soldiers, marching nearly 
six thousand miles through five states of a foreign 



nation, living' off the resources of the invaded country, 
almost annihilating a powerful army, conquering and 
treating with powerful Indian tribes, and, returning 
home, graced with the trophies of victory, all with the 
loss of less than a hundred men." 

Such deeds should appeal to every loyal American 
and should find portrayal in every school house 
throughout the land, thereby inspiring and instilling 
the lessons of patriotism, honor, valor and love of 
country. 

In the preparation of this volume occasion has 
been had to consult the following authorities: 

Kendall's Santa F6 Expedition. 

Gregg's Commerce of the Prairies. 

Marcy's Prairie Traveller. 

Bartlett's Explorations in New Mexico. 

Reports of Operations of the Army of the West — 
Emory, Abert, Cooke and Johnston. 

Hughes' Doniphan Expedition. 

The Doniphan Exposition — Connelley. 

Campaigning with Doniphan, Edwards. 

Reports of Wheeler and Powell. 

Messages of the Presidents, Jackson, Polk and 
Taylor. 

History of New Mexico — Prince. 

Letters on The Mexican War — Ex. Document 
Number GO. 

The Vigil Papers — N. M. Historical Society Li- 
brary. 

New Mexican Archives at Washington, D. C. 

Court Records — Santa Pe and Taos. 

New Mexico Historical Society Library. 

The portraits and illustrations are copies of old 
prints, oil paintings, documents, books and many steel 



engravings and wood cuts and lithographs. These 
have been faithfully and artistically reproduced. A 
number of the illustrations are by K. M. Chapman, 
an artist of Las Vegas, N. M., drawn from combina- 
tions of old pictures and, with the use of historical 
data and present physical conditions, all are authentic 
and reliable. 

RALPH E. TWITCHELL. 
Las Vegas, New Mexico, January 1, 1909. 



The Military Occupation 

OF THE 

Territory of New Mexico 

FROM 1846 TO 185I 



THE MILITARY OCCUPATION OF NEW MEXICO, 

1846-1851. 



CHAPTER I. 

1. The War with Mexico. 2. Causes and Leading Events. 
3. Position Claimed by Mexico-. 4. The United States and 
Its Claims. 5. Annexation of Texas No Just Cause. 
6. Mexico Begins Hostilities. 7. Congress Declares Exist- 
ence of War. 

Accuracy of knowledge, intimate acquaintance 
with facts, mastery of the sources of evidence and of 
statements, are the necessary fundamental factors in 
historical writing. Great diligence and patience are 
important adjuncts. 

In the presentation of many related truths, the 
historical writer often finds it most difficult to convey 
an impression which is itself a composite truth. In 
the review of some period of the military history of our 
country a faithful presentation does not necessarily 
consist in recording every fact and omitting none. 
Modes of presentation oftentimes give impressions 
which are contradictory. Facts, it matters not how 
exhaustively acquired, are merely the stone and mortar 
of the writer of history. One does not have to be an 
artist that he may properly examine and read archives, 
but some thought and study are required for the mak- 
ing of truthful comment as to the significance of their 
contents. 

Proper conclusions demand great research. To 
obtain them, the facts demand analytical study. The 
leading features must be grasped. Their relations 






Reprint of Portrait in Hughes' Doniphan Expedition. 



MILITARY OCCUPATION OP NEW MEXICO. 19 

must be understood, and, with this material in hand, a 
presentation will be logical. 

The true historian delights in sharing the emo- 
tions of a great general whose place in history has 
been fixed by some conspicuous deed of valor. 

The writer of history, in his presentation of events 
occurring during a given period, may be compared to 
the lawyer in the preparation and presentation of a 
case. The lawyer first acquaints himself with the facts. 
He then applies the law and forms his conclusions. 
The writer of history digests all the accounts of any 
series of events. From these, varied though they may 
be, he draws a conclusion. The lawyer, as he brings 
out the facts for the consideration of a jury, is en- 
gaged in preparing the mind of the juror for the for- 
mation of a conclusion. Later, in his capacity of advo- 
cate, he does not recite to the jury what the witnesses 
have said verbatim, but, in a logical presentation of 
the principal facts, endeavors to assist the juror in the 
formation of a conclusion similar to the one he has 
himself drawn from a study and investigation of the 
weight which should attach to each. 

So the historical writer should not be merely a 
narrator, a chronicler. He should not be the witness 
giving testimony. He should be the lawyer, the advo- 
cate, the painter, the artist evolving an historical pic- 
ture for the mind and creating impressions which re- 
sult in conclusions. 

We have all read historical narrative which, by 
the superabundance of details and occurrences, even 
though one read as carefully and as intelligently as 
is possible, produces a generality of impression, which 
may be likened to the viewing of a moving picture 



20 THE MILITARY OCCUPATION 

film ; here and there, as the film unwinds, an incident 
catches the attention and probably is retained by mem- 
ory, but of the whole we have nothing but a rapidly 
moving succession of images to which there is little 
but beginning and end. 

There have been many accounts of the events oc- 
curring during the Avar with Mexico. The gallant 
deeds of Doniphan and his men have been sung in 
song and story. There have been criticisms of the 
policy of our government for its prosecution of the war. 
During and immediately succeeding the war many nar- 
ratives and memoirs found way into print. The de 
bates in congress, the reports of commanding officers, 
the messages of President Polk, the multitude of letters 
and proclamations, all bear witness, when digested 
after the lapse of more than half a century, that the 
dignity and honor of the American people, as voiced 
by the great majority of the congress of the United 
States in the Act of May 13, 184G, wherein it was de- 
clared that "by the act of the Republic of Mexico, a 
state of war exists between that government and the 
United States," demanded that all differences between 
our country and Mexico existing at that time must be 
settled by the god of war. 

"The world had twice witnessed the extraordinary 
spectacle of a government, in violation of its own ex- 
press agreement, rejecting a minister of peace from 
the United States, clothed with full powers for the 
amicable adjustment of existing differences/' said Pres- 
ident Polk. Modern history presents no case in which, 
in time of peace, one nation has refused to even hear 
propositions from another for the termination of exist- 



OP THE TERRITORY OP NEW MEXICO. 21 

ing difficulties between the two. This was the state of 
affairs when the Act of May 13, 1846, was passed. 

It was manifest destiny that the American Repub- 
lic must sooner or later become the possessor of its 
present area. 

Nine years before the actual commencement of hos- 
tilities, President Andrew Jackson was of the opinion 
that the treatment of American citizens by our sister 
republic had become intolerable and should be no 
longer endured. In a message to congress in February, 
1837, he said that "the length of time since some of 
these injuries have been committed, the repeated and 
unavailing applications for redress, the wanton char- 
acter of some of the outrages upon the property and 
persons of our citizens, upon the officers and flag of 
the United States, independent of recent insults to 
this government and people by the late extraordinary 
Mexican minister, would justify, in the eyes of all na- 
tions, immediate war." But in a spirit of kindness 
and forbearance, in a matter of such national concern, 
unlooked for in a man like Andrew Jackson, he further 
declared that war should not be used as a remedy "by 
just and generous nations, confiding in their strength 
for injuries committed, if it can honorably be avoided," 
and added, "it has occurred to me that, considering the 
present embarrassed condition of that country, we 
should act with both wisdom and moderation by giv- 
ing to Mexico one more opportunity to atone for the 
past before we take redress into our own hands, and 
to avoid all misconception on the part of Mexico, as 
well as to protect our own national character from re 
proach, this opportunity should be given with the 
avowed design and full preparation to take immediate 




He Led the Way — Government Scout. 



MILITARY OCCUPATION OF NEW MEXICO. 23 

satisfaction, if it should not be obtained on a repeti- 
tion of the demand for it." 

Committees of both houses of congress, to which 
this message of President Jackson was referred, fully 
sustained his views of the character of the wrongs 
which we had suffered from Mexico. In fact, no dif- 
ference of opinion upon the subject is believed to have 
existed in congress at that time. Both the executive 
and the legislative branches of our government con- 
curred, and vet, such was the forbearance and desire 
to preserve peace, that the wrongs of which our coun- 
try complained and which gave rise to these solemn 
proceedings in congress, not only remained unredressed 
but additional causes of complaint of an aggravated 
character were constantly accumulating. 

POSITION OP MEXICO. 

The government of Mexico claimed that the United 
States was overwhelmed with a desire to extend its 
territory at the expense of that of Mexico, and that so 
far as Texas was concerned, it had been the firm and 
certain determination that the Texas Republic should 
become a part of the United States. That the Ameri- 
can government had connived at it and that this fact 
created an imperious necessity that Mexico, for her 
own honor, should repel it with proper ttrnmess and 
dignity. It was declared by the supreme government 
of Mexico that it would look upon the annexation of 
Texas as a casus belli; and, as a consequence, negotia- 
tion was by its very nature at an end, and war was the 
only recourse of the Mexican government. 

Mexico declared that agents of the United States 
had been active in the Republic of Texas, promoting 
the cause of annexation, and, availing themselves of 



_4 MILITARY OCCUPATION OF NEW MEXICO. 

the statu quo of Mexico, had so prepared and directed 
affairs that annexation was hastened and effected by 
means of violence and fraud. 

Her statesmen beheld with amazement, at such an 
enlightened and refined epoch, a powerful and well 
consolidated state, availing itself of the internal dis- 
sensions of a neighboring nation, putting its vigilance 
to sleep by protestations of friendship, setting in action 
all manner of springs and artifices, alternately plying 
intrigue and violence, and seizing a moment to despoil 
her of a precious territory, regardless of the incontro- 
vertible rights of the most unquestioned ownership 
and the most uninterrupted possession. 

ir Fhe Mexican Minister of Foreign Relations stated 
that "if war should finally become inevitable, and if, 
in consequence of this war, the peace of the civilized 
world should be disturbed, the responsibility will not 
fall upon Mexico. It will all rest upon the United 
States ; not upon Mexico, who, with a generosity un- 
equalled, admitted the United States citizens who 
wished to colonize in Texas, but upon the United 
States, who, bent upon possessing themselves, early or 
late, of that territory, encouraged emigration thither 
with that view, in order that, in due time, its inhabi- 
tants, converting themselves from colonists into its 
masters, should claim the country as their own, for 
the purpose of transferring it to the United States. 
Not upon Mexico, who, having in due season protested 
against so enormous a transgression, wished to remove 
all cause for controversy and hostilities, but upon the 
United States, who, to the scandal of the world, and 
in manifest violation of treaties, gave protection and 

'Correspondence between Don J. M. de Castillo y Lanzas 
and John Slidell, March 12, 1846. 



26 MILITARY OCCUPATION OF NEW MEXICO. 

aid to those guilty of a rebellion so iniquitous. Finally, 
not upon Mexico, who, putting out of view her own 
dearest interests, through her deference for peace, has 
entertained as long as was wished, the propositions 
which, with this view, might be made to her, but upon 
the United States, who, by frivolous pretexts, evade 
the conclusions of such an arrangement, proposing 
peace at the very moment when they are causing their 
squadrons and their troops to advance upon the ports 
and frontiers of Mexico, exacting a humiliation impos- 
sible to be submitted to, in order to find a pretext, if 
no reason can be found, which may occasion the break- 
ing out of hostilities." 

POSITION TAKEN BY THE UNITED STATES. 

In response to the declarations made by the Mex- 
ican Minister on Foreign Relations, Honorable John 
Slidell, Special Envoy of the United States, declared 
that, in the face of incontrovertible evidence, Mexico 
had abandoned all intention or even hope of ever re- 
establishing her authority over any portion of Texas, 
and that the statement that "Texas had been an in- 
tegral part of Mexico, not only during the long period 
of Spanish dominion, but since its emancipation, with- 
out any interruption whatever during so long a 
period," came as a great surprise to him, and to learn 
that "the United States had despoiled Mexico of a val- 
uable portion of her territory, regardless of. the incon- 
trovertible rights of the most unquestionable property 
and of the most constant possession," was not sus- 
tained, and that from the time of the battle of San 
Jacinto, in April, 1836, to the moment of writing, 
Texas had sustained and exhibited the same external 
signs of national independence as Mexico herself, and 




Old Fort Bent. 
Reprint from Hughes" Doniphan Expediti 



28 THE MILITARY OCCUPATION 

with quite as much stability of government ; and, quot- 
ing from Mr. Daniel Webster, Secretary of State, 
"practically free and independent ; acknowledged as a 
political sovereignty by the principal powers of the 
world; no hostile foot finding rest within her terri- 
tory for six or seven years, and Mexico herself refrain- 
ing for all that period from any further attempt to re- 
establish her own authority over the territory." "How 
weak," said Mr. Slidell, "must be the cause which can 
only be sustained by assertions so inconsistent with 
facts that are notorious to all the world; and how un- 
founded are all these vehement declarations against 
the usurpations and thirst for territorial aggrandize- 
ment of the United States! The independence of 
Texas, then, being a fact conceded by Mexico herself, 
she has no right to prescribe restrictions as to the form 
of government Texas might choose to assume, nor can 
she justly complain that Texas, with a wise apprecia- 
tion of her true interests, has thought proper to merge 
her sovereignty in that of the United States." 

"The Mexican government can not shift the re- 
sponsibility of war upon the United States by assum- 
ing that they are the aggressors. With what reason 
does Mexico attribute to the United States the desire 
of finding a pretext to commence hostilities? The 
appearance of a feAv ships of war on the Mexican 
coasts, and the advance of a small military force to 
the frontier of Texas are cited as evidence that the 
declarations of desire to preserve the peace are in- 
sincere. Surely it can not be necessary to remind your 
excellency that the menaces of war have all proceeded 
from Mexico." 

"With these avowed intentions on the part of 
Mexico, and, so far as words can constitute Avar, that 



OF THE TERRITORY OF NEW MEXICO. 20 

state actually existing, with what fairness can she 
complain of precautions having been taken by the 
United States to guard against the attacks with which 
they have been menaced." 

On the day following the sending of the letter from 
which the foregoing extracts have been taken, the ISth 
day of March, at Matamoras, more than twelve hundred 
miles from the seat of the Mexican government, General 
Francisco Mejia, in command of the Mexican forces in 
that department, delivered an address to the inhabi- 
tants of his district and to his soldiers, among other 
things, declaring: 

-"Fellow Countrymen : — With an enemy which re- 
spects not its own laws, which shamelessly derides the 
very principles invoked by it previously, in order to 
excuse its ambitious views, we have no other resource 
than arms. We are fortunately always prepared to 
take them up with glory in defense of our country ; 
little do we regard the blood in our veins, when we 
are called upon to shed it in vindication of our honor, 
to assure our nationality and independence. If, to the 
torrent of devastation which threatens us, it is neces- 
sary to oppose a dike of steel, our swords will form 
it ; and on their sharp points will the enemy receive 
the fruits of his anticipated conquest. If the banks of 
the Panuco have been immortalized by the defeat of 
an enemy, respectable and worthy of the valor of 
Mexico, those of the Bravo shall witness the ignominy 
of the proud sons of the North, and its deep waters 
shall serve as the sepulchre of those who dare to 
approach it. The flame of patriotism which burns in 
our hearts will receive new fuel from the odious pres- 

2 Address of General Mejia — Letters on the Mexican War 
—Ex. Doc. No. 60, page 128. 



MILITARY OCCUPATION OP NEW MEXICO. 31 

ence of the conquerors; and the cry of Dolores and 
Iguala shall be re-echoed with harmony to our ears 
when we take up our march to oppose our naked 
breasts to the rifles of the hunters of the Mississippi." 

This address was delivered nearly one month prior 
to the commencement of hostilities and is abundant 
evidence of the preparations then making by Mexico 
for a conflict which she evidently courted. 

It was also claimed by the American congress and 
the President of the United States that Mexico, by 
evasion and the interposition of many forms of diffi- 
culty and delay, had twice violated the faith of treaties, 
by failing and refusing to carry into effect the sixth 
article of the Convention of January, 1843. That con 
vention declared, upon its face, that the arrangement 
between the two countries was entered into for the 
accommodation of Mexico. Awards for claims against 
Mexico, for losses sustained by American citizens at 
the hands of citizens of our sister republic, amount- 
ing to several millions of dollars, made by a duly con- 
stituted commission appointed by both governments, 
Mexico was unable to liquidate. 

The United States was asked to postpone the time 
of payment and the request of Mexico was promptly 
complied with. Again Mexico failed to comply with 
the terms of the convention, which provided for an 
indemnity to our citizens for acknowledged acts of 
outrage and wrong, and refused to make payment. 
The policy of our government toward Mexico was one 
of kindness, consideration and forbearance. In addi- 
tion to her failure to comply with her solemn obliga- 
tions, as declared by treaty, she was constantly giving 
cause for new complaints and new demands for in- 



32 THE MILITARY OCCUPATION 

demnity to that extent that, while the citizens of 
the United States were conducting a lawful commerce 
with Mexico under the guaranty of a treaty of "amity, 
commerce and navigation," many suffered all the in- 
juries which would have resulted from open war. The 
treaties, instead of affording protection to American 
citizens, were the means of inviting them into the 
ports of Mexico, that they might be plundered of their 
property and deprived of their personal liberty, if they 
dared insist upon their rights. 3 

It was believed by the American people and so 
declared upon the floors of congress, that, 4 "in so long 
suffering Mexico to violate her most solemn treaty 
obligations, plunder our citizens of their property and 
imprison their persons without affording them any 
redress, we have failed to perforin one of the first and 
highest duties which every government owes to its citi- 
zens" and that "the proud name of American citizen, 
which ought to protect all who bear it from insult 
and injury throughout the world, has afforded no such 
protection to our citizens in Mexico." In a message 
to congress, President Polk declared : "We had ample 
cause of war against Mexico long before the breaking 
out of hostilities; but even then we forebore to take 
redress into our own hands until Mexico herself be- 
came the aggressor by invading our soil in hostile 
array and shedding the blood of our citizens." 

The annexation of Texas to the United States was 
no just cause for offense to Mexico. It was pretended 
that such was the case, but the contention is wholly 
inconsistent with the well-known facts connected with 
the revolution by which Texas became independent of 



'Debates in Congress — 1846. 

'Message of President Polk, December 8. 1846. 



OF THE TERRITORY OF NEW MEXICO. 33 

Mexico. Texas had declared her independence and 
maintained it for more than nine years. She had an 
organized government in successful operation during 
that period. Her separate existence, as an independent 
state, had not only been recognized by the United 
States, but by the principal European powers as well. 
Treaties of commerce and navigation had been con- 
cluded with her by different nations, and it had be- 
come manifest that any further attempt on the part 
of Mexico to conquer Texas would be vain. Mexico, 
herself, had become satisfied of this fact, for, while 
the question of annexation to the United States was 
pending before the people of Texas, the Mexican gov- 
ernment, by formal act, agreed to recognize the inde- 
pendence of Texas, provided she would not annex 
herself to any other power. This formal agreement, 
whether or not the proviso was carried out, was con- 
clusive against Mexico. 

Meanwhile the President of the United States had 
declared that our relations with Mexico were in a very 
unsettled condition; that a revolution had occurred 
in Mexico by which the government had passed into 
the hands of new rulers. 5 

The minister of the United States had not been 
received by the existing authorities. Demonstrations 
of a character hostile to the United States continued 
to be made in Mexico and nearly two-thirds of the 
army of the United States was concentrated on the 
southwestern frontier. This action had become neces 
sary to meet a threatened invasion of Texas by the 
Mexican forces. This invasion was threatened solely 
because Texas had determined, in accordance with a 

^Message of President Polk to the Senate of the United 
States, .March 24, 1846. 



k- 







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i 



& 



f 







MILITARY OCCUPATION OF NEW MEXICO. 35 

resolution of our own government, to become a part 
of the American Union, and claimed the Rio Bravo 
on the south, instead of the Rio Neuces, as its boundary 
with Mexico; and, under these circumstances, it was 
plainly the duty of the United States to extend Ameri- 
can protection over her citizens and soil. The Ameri- 
can forces were concentrated at Corpus Christi. The 
commanding general was under positive instructions to 
abstain from any aggressive act toward Mexico or her 
citizens and to regard the relations between that Re- 
public and the United States as peaceful, unless she 
should declare war or commit acts of hostility indica- 
tive of a state of war. 

The Mexican forces at Matamoras assumed a bel- 
ligerent attitude but no open act of hostility was 
committed until April 24, 1846, on which day General 
Atrista communicated to General Zachary Taylor that 
"he considered hostilities commenced and should pros- 
ecute them." 6 On the same day, a party of dragoons 
sent out by General Taylor, became engaged with a 
superior force of the Mexican army in which some 
sixteen Americans were killed and the balance cap- 
tured. 

MEXICO BEGINS HOSTILITIES. 

Thus actually began the war with Mexico. On the 
13th day of May following, a proclamation by the 
President of the United States, announcing the exist- 
ence of war between our country and Mexico, was 
promulgated. General Taylor, already authorized by 
the President, by way of precaution, accepted regi- 
ments of volunteers, not from the state of Texas alone, 



"Letter of General Zachary Taylor, April 26, 1846, to the 
Adjutant General of the Army, Washington, D. C. — Ex. Doc. 
No. 60, page 288. 



36 .MILITARY OCCUPATION OF NEW MEXICO. 

but from the states of Louisiana, Alabama, Mississippi, 
Tennessee, Missouri and Kentucky. These volunteers 
were called out by the governors of the several states. 
President Polk asked congress for authority to call for 
troops and for means to carry on the war. 7 

T Message of President Polk to the Senate of the United 
States, May 11, 1846. 




3 



: 






■.. 



»v .r 




CHAPTER II. 

1. Organization of the Army of the West, under General S. W. 
Kearny. 2. March Across the Plains and Concentrate at 
Bent's Fort. 3. The Army Invades New Mexico, Crosses 
the Raton Mountains. 4. The Army Reaches Las Vegas 
and General Kearny Makes Address. 5. The Army Moves 
on the Capital by Way of San Miguel and the Apache Pass. 
6. General Armijo Masses Mexican Forces at Pass. 7. Gen- 
eral Kearny Receives Word that General Armijo Has Fled 
and Army Dispersed. 8. Army Proceeds on Way to Santa 
Fe. 9. Kearny Takes Possession of Capital and Hoists 
American Flag. 10. Proclamation Issued Claiming New 
Mexico for United States. 11. Kearny with Substantial 
Force Goes into Valley of the Rio Grande and Returns to 
Santa Fe. 12. Kearny with Portion of the Army Leaves 
for California, Leaving Colonel Doniphan in Command. 

The government of the United States immediately 
began the formation of plans for the organization of 
an expedition to invade the northern provinces of 
Mexico. This expedition was known as the "Army of 
the West" and its command was given to Colonel, 
afterwards Brigadier General, Stephen W. Kearny. It 
was destined, particularly, for the conquest of New 
Mexico and California. The command consisted of 
two batteries of artillery, under the command of Major 
Clark, three squadrons of dragoons, under Major 
Sumner, the 1st Regiment of Missouri Cavalry, under 
Colonel A. W. Doniphan, and two companies of in- 
fantry under Captain Angney. Colonel Kearny com- 
menced his march from Ft. Leavenworth, on the 
Missouri River, in the latter part of June, 1846. The 
entire command when concentrated upon the Arkansas 
River, consisted of 1,558 men and sixteen pieces of 
ordnance. The army was detached in different columns 



40 THE MILITARY OCCUPATION 

from Ft. Leavenworth and reunited on the Arkansas 
River, near Bent's Fort, on the 1st day of August. 
1846. The exact point of concentration, is not known, 
but it is said to have been at a place nearly nine miles 
below the fort, about twelve miles northeast of Las 
Animas, Colorado. 

It was at this point that the expedition was 
joined by Frank P Blair, Jr., of Missouri, who was a 
health-seeker at Bent's Fort at the time. 8 

Bent's Fort is described as having been a struc- 
ture built of adobe bricks. It was 180 feet long and 
135 feet wide. The walls were 15 feet in height and 
four feet thick and it was the strongest post at that 
time west of Ft. Leavenworth. 

The construction of this fort was commenced in 
1828, the first fort erected by William Bent, at a point 
on the Arkansas, somewhere between the present cities 
of Pueblo and Canyon City, having been disadvantage- 
ously located. Four years were required in which to 
complete the structure. On the northwest and south- 
east corners were hexagonal bastions, in which were 
mounted a number of cannon. The walls of the fort 
served as walls of the rooms, all of which faced in- 
wardly on a court or plaza. The walls w T ere loopholed 
for musketry, and the entrance was through large 
wooden gates of very heavy timbers. Forty-five years 
ago the old walls were standing and the entire struc- 
ture was in a fair state of preservation, but to-day not 
a vestige remains, except possibly mounds of earth re- 
sulting from the disintegrating adobe bricks of which 
the walls were built. 



'Emory's Notes of a Military Reconnoisance from Ft. 
Leavenworth to San Diego — Senate Doc. 30th Cong., 1st Ses- 
sion. 



OP THE TERRITORY OP NEW MEXICO. 41 

It was near this fort that the first irrigating ditch, 
constructed by Americans in Colorado, was built. The 
lands irrigated were between the fort and the ford of 
the river. It was constructed under the supervision 
of William Bent. 

At this point Kearny despatched Lieutenant De- 
Courcey, with twenty men, to the Taos valley, for the 
purpose of ascertaining the disposition of the inhabi- 
tants in that portion of New Mexico, and to inform 
himself as to other matters of importance, germane to 
the expedition, and report to the general somewhere 
en route. This officer rejoined the column on August 
11th, on the Ponil, in what is now Colfax county, New 
Mexico, bringing in a number of Mexican prisoners, 
who gave exaggerated reports of the Utes and other 
Indians joining the Mexicans for the purpose of op- 
posing the advance of the American army, at some 
point between Las Vegas and the Capital at Santa Fe\ 

On the 2nd, Captain Cooke was sent in advance, 
under a flag of truce, to Santa Fe, carrying with him a 
proclamation issued by General Kearny on the 31st 
day of July. On the 9th day of August, Cooke reached 
Las Vegas, where be met the Alcalde, Don Juan de 
Dios Maes, and was a recipient of his hospitality. The 
Alcalde, however, immediately despatched a swift mes- 
senger across the mountains, by a short trail, carrying 
a copy of Kearny's proclamation and notifying Gov- 
ernor Armijo of Cooke's arrival at Las Vegas. Captain 
Cooke, on the following day, ijroceeded on his journey, 
passing through San Miguel, where the inhabitants 
turned out en masse to see him, and on the 12th ar- 
rived in Santa Fe\ Here all was excitement. The city 
was filled with soldiers and citizens gathered for the 



MILITARY OCCUPATION OP NEW MEXICO. 43 

organization of a force to resist the American advance. 
Captain Cooke and his party, among whom was James 
Magoffin of Chihuahua, proceeded to the Old Palace, 
the seat of government, and were met by the Mayor of 
the city, Captain Ortiz, who conveyed the news to 
Governor Armijo, to whose presence Captain Cooke 
was shortly conducted. The governor was informed 
by Cooke that he had been sent by General Kearny, 
commanding the American army, bearing a letter which 
he would present at the pleasure of his Excellency, 
and a later hour was set for the official reception of 
the communication. In the evening Cooke presented 
the letter and afterwards his call was returned by 
Governor Armijo, who said he would send a commis- 
sioner to meet General Kearny, and declared further 
that he, himself, would lead a force of six thousand 
men to meet the Army of the West. 

A most excellent understanding prevailed at all 
times during the progress of this expedition between 
the regulars and volunteers. The latter, though but 
recently accustomed to the ease and comforts of smiling 
home, bore up against fatigue, hunger and the vicissi- 
tudes of a long and tedious inarch through unexplored 
regions with a zeal, courage and devotion that would 
have graced time-worn veterans and reflected the highest 
credit on their conduct as soldiers. 

There was a noble emulation in the conduct of 
both, which, in no small degree, benefited the service, 
at the same time promoting that cordiality of inter- 
course which, in after life, both in the civil and the 
military, made their meetings most cordial and glad- 
some. 9 



"Report of Gen. S. W. Kearny— Ex. Doc. No. 60. 



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MILITARY OCCUPATION OF NEW MEXICO. 45 

The manner in which the' volunteer soldiery of the 
United States conducted itself during the war witli 
Mexico was a great demonstration, at that time, of the 
real military strength of the country. Before that war, 
European and other foreign powers had but imperfect 
ideas of our physical strength and our ability to prose- 
cute a war, and particularly one waged beyond the 
confines of the United States. The foreign powers saw 
that, on a peace footing, we onty had 10,000 fighting 
men. Themselves accustomed to the maintenance in 
times of peace of great standing armies, for the pro- 
tection of thrones against their own subjects, as well 
as against foreign foes, they could not believe it pos 
sible for a nation without such an army, well disci- 
plined and of long service, to wage war successfully. 
They held in low repute our militia, and were far from 
regarding them as an effective military force. The war 
demonstrated that, upon the breaking out of hostilities 
not anticipated, a volunteer army of citizen soldiers, 
equal to veteran troops, had been brought into the field. 

The First Missouri Volunteers, commanded by 
Colonel Doniphan, made the march to Santa Fe like 
veterans. In the ranks of that regiment were soldiers, 
men of birth and position, who afterwards became cele- 
brated in many of the walks of civil life. Dozens of 
these soldiers who inarched to Santa Fe and Chihuahua 
could be enumerated — men like Willard P. Hall, after- 
wards governor of the state of Missouri; William 
Gilpin, afterwards governor of Colorado; Waldo P. 
Johnson, Richard Hanson Weightman and John W. 
Reid, leading men in the West after the war had closed. 

The regiment was composed indiscriminately of 
all professions and pursuits — of farmers, lawyers. 



46 MILITARY OCCUPATION OF NEW MEXICO. 

physicians, merchants, manufacturers, mechanics and 
laborers — and this not only among the officers, but the 
enlisted men as well. From their youth, the men in 
this regiment had been accustomed to the use of fire- 
arms, and many of them were expert marksmen. They 
were men who had reputations to maintain at home 
by their good conduct in the field. They were intelli- 
gent, and there was an individuality of character in 
the First Missouri Cavalry found in the ranks of few 
armies which ever went into battle. 

The citizen soldier of our country finds no parallel 
anywhere in the world. The civil war demonstrated 
this ; the war with Spain proved conclusively that with 
the growth of the country no change had come over our 
citizenship in the way of fighting men, and all because 
the American citizen in battle, be he officer or enlisted 
man, fights not only for his country, but for glory and 
distinction among his fellow citizens when he shall 
return to civil life, and, without any reflection upon 
many living distinguished Americans, it may be added, 
he fights for office as well. 

On the 2d day of August, Kearny's column left the 
Arkansas, proceeded down the river a short distance, 
and, turning to the left, marched to a point on the 
Timpas not far from the present station of that name 
on the Atchison, Topeka and Santa F6 Railway. Three 
days later the army reached the Purgatoire, near the 
present city of Trinidad. Within the next four days 
the Raton Mountains had been crossed, and, on the 
10th, General Kearny arrived at the crossing of the 
Cimarron River, and a day later had crossed the Ocate. 
At this time quite a number of native citizens were cap- 
tured by Kearny's men, and upon their persons was 



48 THE MILITARY OCCUPATION 

found a proclamation by the prefect of Taos, based 
upon one already issued by Governor Armijo, calling 
the citizens to arms to repel "the Americans who were 
coming to invade their soil and destroy their property 
and liberties." 

On the 13th the column halted at the Sapello River, 
and the general was advised by an American gentleman 
named Spry, Avho had come from Santa Fe\ that the 
Mexican forces were assembling at Apache Canyon, 
about fifteen miles from the city of Santa F£; that the 
pass was being fortified, and advising Kearny to go 
around it. 

The following day General Kearny received his 
first official message from Governor Armijo, which was 
as follows : "You have notified me that you intend to 
take possession of the country I govern. The people of 
the country have risen en masse in my defense. If you 
take the country, it will be because you prove the 
strongest in battle. I suggest to you to stop at the 
Sapello and I will march to the A^egas. We will meet 
and negotiate on the plains between them." 10 

This message was delivered by an officer of lancers, 
accompanied by a sergeant and two privates. On the 
15th the column was joined by Major Swords, Lieu- 
tenant Gilmer and Captain Weightman, who had come 
from Ft. Leavenworth, bringing and presenting to 
Colonel Kearny a commission as brigadier general in 
the army of the United States. These gallant officers 
had heard that a battle was to be fought the following 
day near Las Vegas and had ridden sixty miles in order- 
to participate in the engagement. 



°Lt. Emory, page 25. 



OP THE TERRITORY OF NEW MEXICO. 49 

KEARNY ENTERS LAS VEGAS AND DELIVERS PROCLAMATION 
TO THE PEOPLE. 

On the morning of the loth, precisely at eighi 
o'clock, General Kearny an d staff galloped into the 
plaza of Las Vegas, where lie was met by the alcalde. 
Don Juan de Dios Maes, and a large concourse of 
people. Pointing to the top of an adobe building, one 
story in height, and located on the north side of the 
plaza, General Kearny suggested to the alcalde that if 
he would go to the top of the building, he and his staff 
would follow, and from that point, where all could see 
and hear, he would speak to them, which he did, as 
follows : 11 

"Mr Alcalde and people of New Mexico : I have 
come amongst you by the orders of my government, to 
take possession of your country and extend over it the 
laws of the United States. We consider it, and have 
done so for some time, a part of the territory of the 
United States. We come amongst you as friends, not 
as enemies ; as protectors, not as conquerors. We come 
among you for your benefit, not for your injury." 

"Henceforth I absolve you from all allegiance to 
the Mexican government, and from all obedience to 
General Armijo. He is no longer your governor (great 
sensation in the plaza) ; I am your governor. I shall 
not expect you to take up arms and follow me to fight 
your own people who may oppose me: but I now tell 
you, that those who remain peaceably at home, attend- 
ing to their crops, and their herds, shall be protected 
by me in their property, their persons and their re- 
ligion ; and not a pepper, not an onion, shall be dis- 
turbed or taken by my troops without pay, or by the 



'Lt. Emory, page 27. 



50 MILITARY OCCUPATION OF NEW MEXICO. 

consent of the owner. But listen! He who promises 
to be quiet and is found in arms against me, I will 
hang." 

"From the Mexican government, you have never 
received protection. The Apaches and the Navajos 
come down from the mountains and carry off your 
sheep, and even your women, whenever they please. My 
government will correct all this. It will keep off the 
Indians, protect you in your persons and property ; and, 
I repeat, will protect you in your religion. I know you 
are all great Catholics ; that some of your priests have 
told you all sorts of stories; that we would ill-treat 
your women and brand them on the cheek, as you do 
your mules on the hip. It is all false. My government 
respects your religion as much as the Protestant re- 
ligion and allows each man to worship his Creator as 
his heart tells him is best. Its laws protect the Catholic 
as well as the Protestant; the weak as well as the 
strong, the poor as well as the rich. I am not a Catholic 
myself ; I was not brought up in that faith, but at least 
one third of my army are Catholics and I respect a 
good Catholic as much as a good Protestant." 

"There goes my army ; you see but a small portion 
of it; there are many more behind; resistance is use- 
less." 

"Mr. Alcalde, and you two captains of militia ! the 
laws of my country require that all men who hold 
office under it shall take the oath of allegiance. I do 
not wish for the present, until affairs become more 
settled, to disturb your form of government. If you 
are prepared to take oaths of allegiance, I shall con- 
tinue you in office and support your authority." 










♦ ; 



P 



■,'4 



■ ■■'J- 












52 THE MILITARY OCCUPATION 

Beyond all question the alcalde and the two cap- 
tains did not fully appreciate the situation in whicli 
they found themselves. The captains did not protest, 
but looked with down-cast eyes upon the earthen roof 
upon which they were standing. Noticing his attitude. 
General Kearny said to one of them, in the hearing of 
all the people: "Captain, look me in the face, while 
you repeat the oath of office!" The oath was admin 
istered, and General Kearny, attended by his staff, 
descended, mounted and galloped away to the head of 
the column. The sun was shining brightly ; for the first 
time since leaving the Missouri River, the guidons and 
colors of each squadron, battalion and regiment were 
unfurled. The trumpeters sounded "to horse" with 
spirit and the rocky hills to the west multiplied and 
re-echoed the call. 

The army moved forward briskly to meet a force 
of six hundred Mexicans, which it had been said, was 
in waiting at a gorge in the hills about two miles 
distant. The gorge was reached and passed, but not 
a soul was seen. One by one the guidons were furled. 
Onward marched the army to Tecolote, thence to San 
Miguel, at both of which places General Kearny re- 
enacted the drama which had occurred at Las Vegas. 

Reports now reached General Kearny at every step 
that the people were rising and that General Armijo 
was collecting a formidable force to oppose him at the 
Apache Pass, near Canyoncito, about 15 miles from 
Santa Fe. The Army of the West proceeded on its way, 
over a portion of the Santa ~F6 Trail and, on the 17th 
of August, captured the son of Damasio Salazar, a 
citizen of San Miguel, the individual who had so nearly 
accomplished the death of a few members of the Texas 



OF THE TERRITORY OF NEAV MEXICO. 53 

Santa F6 Expedition a few years before, and whose 
efforts in that behalf were frustrated through the in- 
fluence of Don Gregorio Vigil, a man of prominence in 
that community. 

THE PUEBLO OF PECOS; FLIGHT OF GENERAL ARMI.TO. 

As the command reached the ancient town of 
Pecos, about one mile bej-ond the present station of 
Rowe, on the line of the Atchison, Topeka and Santa 
Fe Railway, the General was notified, by a Mexican 
coming from the direction of Glorieta, that General 
Armijo and his force of two thousand men, which had 
been assembled at the Apache Pass to oppose the on- 
ward inarch of the American army, had quarreled 
among themselves and, that General Armijo, taking 
advantage of the dissension, with his artillery and 
dragoons, had fled southward. 

It was well known that General Armijo was averse 
to a conflict, but his life had been threatened by some 
of his own people if he refused to fight. He saw, how- 
ever, what they failed to realize, the absolute hopeless- 
ness of resistance. 

The ancient town of Pecos, at which this news 
was communicated to General Kearny by the Mexican, 
who, it was afterwards learned, was the alcalde of 
the district, was once a fortified town. When Fran- 
cisco Vasquez de Coronado visited the place, accom- 
panied by an army of Spanish soldiers of fortune, in 
search of gold and conquest, nearly three hundred 
years before, the pueblo was known as Cicuye and was 
a place of great strength. It maintained a standing 
army, and, within its walls, lived the greatest number 



54 MILITARY OCCUPATION OF NEW MEXICO. 

of people at that time inhabiting any one locality 
within what is now the United States. 12 

Here, within the estufa of the pueblo, for cen- 
turies had burned the eternal fires of Montezuma, and 
these had ceased to be kept alive up to a time only 
seven years prior to the coming of General Kearny. 

The illustrations are taken from drawings made 
by the topographical engineer who accompanied the 
Army of the West, and show the old pueblo and the 
church as they stood in 1846. Today nothing is left 
of the pueblo and only a portion of the walls of the 
old church is still standing. The church was built 
some time in the middle of the 16th century by Fr. 
Juan de Padilla, who accompanied the Coronado ex- 
pedition, but remained at the pueblo after Coronado 
returned to the City of Mexico. 

The remains of the architecture, as shown by the 
drawings, which are unquestionably authentic, exhibit, 
in a most prominent manner, the engrafting of the 
Catholic church upon the ancient religion of the coun- 
try. 

At one end of the small oval hill, upon which 
stood the pueblo, were the remains of the estufa of 
the Indians, with all its parts distinct; the other, the 
ruins of the Catholic church, both showing the marks 
and emblems of the two religions. The fires from the 
estufa burned and sent their incense through the air 
where the fire-worshipping Indian performed his pagan 
rites, while only a few yards distant stood the church 
from the altars of which he listened to the teachings 
of Christ. 



12 Castaneda's Account of Coronado Expedition — Vol. 14, 
Bureau Eth. Reps. 




General Manuel Armijo. 
Prom a Picture in the Possession of Don Luis Baca, Socorro, New Mexico. 



5B THE MILITARY OCCUPATION 

A very short period before the coming' of the 
American army the tribe became almost extinct and 
the few remaining went over the mountains to the 
Pueblo of Jemez, where, it is said, a few of their de- 
scendants are still living and keep the sacred fires 
from the ancient estufa of the pueblo of Cicuye alive 
and burning. 

Lieutenant Emory, whose assistant, a Mr. Stanly, 
made the drawings from which the illustrations are 
taken, says: "The architecture of the Indian portion 
of the ruins presents peculiarities worthy of notice. 
Both are constructed of the same materials ; the walls 
of sun-dried bricks, the rafters of well-hewn timber 
which never could have been shaped by the miserable 
little axes now used by the Mexicans, which resemble, 
in shape and size, the wedges used by our farmers for 
splitting rails. The cornices and drops of the archi- 
trave in the church are elaborately carved with a 
knife." 13 

On the morning of the 18th of August General 
Kearny had reached a point 29 miles from Santa Fe\ 
Not a hostile arrow or rifle was now between the Army 
of the West and the ancient capital of New Mexico. 
The general determined to make the march in one day 
and raise the American colors over the ancient palace 
before sundown. Fifteen miles from Santa Fe the 
column reached the point deserted by General Arniijo. 
It is a gateway, which, in the hands of a competent en- 
gineer and one hundred resolute men, would have 
proved a second Thermopylae. Had the position been 
defended with spirit and ability, General Kearny 
would have been compelled to turn it by taking the 



'Emory's Account, page 30. 



OP THE TERRITORY OF NEW MEXICO. 57 

road running to Ojo de Baca (Cow Springs) and 
Galisteo. 

On the way to Santa Fe General Kearny was met 
by the acting secretary, who brought a letter from 
Vigil, the lieutenant governor, which informed the gen- 
eral officially of the flight of Armijo, and of his readi- 
ness to receive him in Santa Fe", with the hospitalities 
of the city. 

GENERAL MANUEL ARMIJO. 

General Armijo was not unlike others of his na- 
tion and time. He was not to the purple born and was 
of low extraction. He finally managed to obtain a 
foothold in the official circles at Santa F6 and was 
made collector of customs. Later he became governor, 
and again, after the murder of Governor Perez, was 
made governor of the state. He was essentially a cruel 
man, not only to foreigners, but to his own people. 
He undoubtedly entertained the same ideas of the 
American occupation and the causes for the war with 
Mexico as other state executives and military com- 
manders of the Mexican Republic. 

At the City of Mexico, and, in all the newspapers 
of the Republic, great attempts had been made to ex- 
asperate the minds of the people against the Amer- 
icans. The war was represented to be one for national 
existence, and that it was the wish of the United 
States to destroy the Mexican nation. Tt was declared 
to be a war of rapine and plunder, many generals, in 
their proclamations to the people and to the soldiery, 
declaring that the United States intended to oppress 
them, to rob their churches and desecrate their altars. 
General Armijo knew the falsity of these "accusations 
and the injustice and absurdity of such imputations; 






7* ^"V^ ^-y^— ^ 



Fac-simile of First Page of Proclamation of Governor Armijo, August 8, 1846. 
















Last Page of Proclamation of Governor Armijo, August 8, 1846. 



(>() THE MILITARY' OCCUPATION 

nevertheless these statements were systematically 
propagated throughout the country and found many 
believers in localities where ignorance was great and 
the means of truth circulation small. 

General Armijo had been most active in his en- 
deavors to rouse the people and had made statements 
which were very effective in some localities. He was 
very much concerned personally, knowing as he did, 
the power of the advancing army, and lost no oppor- 
tunity to bring to bear every pressure possible in the 
raising of a force sufficient to repel the American ad- 
vance. 

ARMIJO'S PROCLAMATION. 

Before General Kearny had entered Mexican ter- 
ritory Armijo knew of the coming of the Army of thf 
West, and Kearny's proclamation, made at Bent's 
Fort, had also reached him. Armijo had received from 
St. Louis, Mo., a large amount of ammunition and sup- 
plies, which had been brought to Santa F6 in a cara- 
van from Independence. Armijo issued a proclama- 
tion to his people, the exact language of .which has 
only lately come to light. In this it was proclaimed : 14 

"The Governor and Commanding General of New 
Mexico to its Inhabitants : — 

Fellow Countrymen : — At last the moment has ar- 
rived when our country requires of her children a de- 
cision without limit, a sacrifice without reserve, under 
circumstances which claim all for our salvation. 

Questions with the United States of America 
which have been treated with dignity and decorum by 
the supreme magistrate of the Republic, remain unde- 

"Vigil Papers — New Mexico Historical Society — Santa 
Fe, N. M. 



OF THE TERRITORY OF NEW MEXICO. 61 

termined as claimed as unquestionable rights of Mex- 
ico over the usurped Territory of Texas, and oti ac- 
count of this it has been impossible to assume diplo 
matic relations with the government of North Amer- 
ica, whose minister extraordinary has not been le- 
ceived ; but the forces of that government are ad- 
vancing in this department ; they have crossed the 
northern frontier and at present are near the Colorado 
river. 

Hear, then, fellow citizens and countrymen, the 
signal of alarm which must prepare us for battle! 

The eagle that made us equal under our national 
standard, making of us one family, calls upon you to- 
day, in the name of the supreme government and un- 
der the Chief of the Department, to defend the strong- 
est and most sacred of all causes. Then you knew 
how, hy your noble efforts and heroic patriotism, with- 
out foreign help, to maintain the independence of our 
nation. 

Today that sacred independence, the fruit of so 
many and costly sacrifices, is threatened, for if we are 
not capable of maintaining the integrity of our terri- 
tory, it will all soon be the prey of the avarice and 
enterprise of our neighbors from the north, and noth- 
ing will remain but a sad recollection of our political 
existence. 

But thanks be to the Almighty, it will not be so! 
The Mexicans of today are the same as those of 1810, 
who, although divided and without a country, subdued 
the power and pride of a foreign nation. 

With the army and people united in defense of 
our threatened independence, our outraged national 



62 THE MILITARY OCCUPATION 

honor and the rights of our vilified country, they form 
an invincible union. 

Fellow citizens and countrymen, united with the 
regular army, you will strengthen the sentiments of 
loyalty among your defenders. Now to the call! Let 
us be comrades in arms and, with honest union, we 
shall lead to victory. 

Remember that the author and conserver of so- 
ciety inscribed in the golden book the following truth 
ful words: "A country divided within itself shall be 
destroyed." Do not permit these words to escape you; 
do not separate your personal interests from the com- 
mon cause, and, with union, resources, public spirit 
and true patriotism, I assure you that the Mexican Re- 
public will command the respect of its enemies and 
will demonstrate to the civilized world that she is en- 
titled to be numbered among the free and enlightened 
nations of the earth. 

We are fortunate to have at the head of our su 
preme government an illustrious, honorable and pa- 
triotic general, who in the past has sustained with dig- 
nity and energy the sacred rights of our country; one 
who will lead us to a glorious victory. Let us now be 
prepared for the coming conflict which is forced upon 
us. Let us not belittle the power of our enemy nor 
the size of the obstacles we must surmount. 

The God of Armies is also the protector of the jus 
tice of nations and, with his powerful help, we will add 
another brilliant page to the history of Mexico, and 
demonstrate to the world, if possible, for impossibili- 
ties are not expected, that our beloved country is en 
titled to be known as a free and independent republic. 
Relative to the defense of this department on accouni 



OF THE TERRITORY OP NEW MEXICO. 63 

of this invasion, your governor depends entirely upon 
your own pecuniary resources, your determination, 
your convictions, all founded in reason, justice, equity 
and public convenience. Rest assured that your gov 
ernor is willing and ready to sacrifice his life and all 
his interests in the defense of his country. This you 
will see demonstrated by your chief, fellow-country- 
man and friend, 

MANUEL ARMIJO (Rubric.) 
Santa Fe, Saturday, the 8th day of August, 1S46. 

The American general, under the instructions from 
his government, was charged with the duty of counter- 
acting the injurious imputations, and, in the light of 
the orders issued by the Secretary of War, Hon. W. L. 
Marcy, we clearly see why it was that General Kearny 
felt called upon to make the remarks made at Las 
Vegas and at other points between that place and th« 
Capital. 15 The War Department did not furnish Gen- 
eral Kearny with a proclamation, printed in the Span- 
ish language, such as was given to General Zachary 
Taylor, but a few copies of the one sent to General 
Taylor were sent to General Kearny, and he was re 
quested not to use them. 10 The Republic of Mexico, at 
that time, was in a most deplorable condition in its 
administration of civil and military affairs. This con 
dition had existed and continued, more or less, ever 
since the defeat of Santa Ana at San Jacinto. In 
December, 1845, General Herrera resigned the Presi- 
dency and yielded up the government to General Pare- 

accoin- 



,5 Ex. Doc. No. 60, page 155. 

lc Bx. Doc. No. 60, W. L. Marcy to Col. S. W. Kearny, 
page 168. 



64 THE MILITARY OCCUPATION 

plislied solely by the army commanded by Paredes, 
and the supreme power in Mexico passed into the 
hands of a military dictator and usurper who was bit- 
terly hostile to the United States. 

In the month of August, just at the time when 
Kearny arrived in New Mexico, the government of 
Paredes was overthrown and General Santa Ana, who 
had been in Havana since 1844', an exile from his coun- 
try, returned. Revolution followed revolution. The 
country was divided into races, classes and parties, 
and with so many local divisions among departments 
and personal divisions among individuals, it is no 
wonder that, in many portions of Mexico, the people 
were not in harmony with the powers that attempted 
to rule the country. The men of Spanish blood monop- 
olized the wealth and power of the country and the 
mixed Indian races bore its burdens. 

Some of the military chieftains desired a mon- 
archical form of government, notably Paredes, and 
desired to place a European prince upon a throne in 
Mexico. Naturally there was jealousy and animosity 
between them. It was the policy of General Kearny, 
and of every other American general commanding an 
army in the war with Mexico, to reach the interests, 
passions or principles of some one of the parties, there- 
by conciliating their good will and securing active co- 
operation in bringing about a speedy and honorable 
peace. Policy and force were combined and the fruits 
of the former were prized as highly as those of the 
latter. The inhabitants were encouraged to remain in 
their towns and villages. They were continued in of- 
fice. Kind and liberal treatment was accorded them 
and they were made to believe that the American army 



OP THE TERRITORY OF NEW MEXICO. 65 

had come as a deliverer from oppressive dictatorship 
of military governors. Rights of person and property 
were carefully guarded, respected and sustained, and 
the troops were restrained from every act of license 
or outrage. 

GENERAL KEARNY'S FIRST PROCLAMATION. 

On the 31st day of July, prior to his departure 
from the Arkansas river, General Kearny issued a 
proclamation, which soon reached the hands of Gen- 
eral Arniijo. In this he declared that his. entry into 
New Mexico with a large military force was for the 
purpose of seeking union with and ameliorating the 
condition of the inhabitants of New Mexico. That his 
coming was by order of the American government and 
that he would be amply sustained in his efforts. The' 
people were enjoined to remain quietly at home in 
the pursuit of their peaceful occupations and that in 
this they would not be interfered with, but would be 
respected and protected in their civil and religious 
rights, but admonishing all that those who took up 
arms or encouraged resistance against his government 
would be regarded as enemies and treated accord- 
ingly. 17 

The fact that during the entire march from the 
Arkansas to Las Vegas, not one act of oppression had 
been committed by Kearny's command doubtless had 
found its way into the hearts of the people who had been 
ruled with the sword of tyranny. But General Armijo 
is not to be too severely criticised for his official acts. 
These speak for themselves. With his personal char- 
acter it is unnecessary to deal. His authority came 
from the City of Mexico, a capital so remote that presi- 



7 Ex. Doc. No. 60, No. 12, page 1( 










- -ggam 



MILITARY OCCUPATION OF NEW MEXICO. 67 

dent might succeed president, the government itself 
might be overturned, and the news not reach Santa F^ 
for several months. He was governor of the province 
furthermost north in the Kepublic. In his official 
conduct, he probably knew his people better than some 
of his critics. His acts as governor and commanding 
general were no different than those of other military 
chieftains and governors in his nation. 

When he assembled his army at the Apache Pass 
and the dissensions arose between his officers and men, 
no doubt already the diplomatic leaven used by General 
Kearny in his several addresses, together with his acts 
and deeds of kindness, as well as the well known 
strength of the American army, had produced the effect 
desired, and Armijo, too well appreciating the final 
outcome, used this situation as an excuse and fled 
southward, accompanied by a personal body-guard of 
one hundred dragoons, not knowing that at the very 
moment of his flight, a substantial force under Colonel 
Ugarte was on its way up the valley of the Rio Bravo 
to assist him in the defense of his country and its 
citizens. 

GENERAL ARMIJO AND THE TEXAS-SANTA PE EXPEDITION. 

In judging General Armijo's policies and official 
acts, small attention should be given to the treatment 
received by the Texans at his hands at the time of the 
Texas-Santa F6 Expedition, which had traveled across 
the plains of Texas under the pretense of establishing 
commercial relations with New Mexico. Theirs was 
something beside a commercial invasion. 18 Under the 
circumstances, Governor Armijo is not to be severely 



"Kendall's Texas-Santa Fe Expedition, Vol. 1, pages 
14-15. 




'v 



MILITARY OCCUPATION OF NEW MEXICO. 69 

blamed for his official conduct. When this expedition 
was organized it was given out officially, by General 
Mirabeau B. Lamar, then president of the Republic of 
Texas, that the expedition was commercial in its inten- 
tions, the object being to open a direct trade with 
Santa F6 by a route known to be much shorter than the 
old Santa F£ Trail from the Missouri River. The di- 
version of this trade, at that time very considerable, 
was undoubtedly the primary and ostensible object, but 
General Lamar's ulterior motive, the bringing of so 
much of the province of New Mexico as lies upon the 
eastern side of the Rio Grande under the protection of 
his government, was not generally known until after 
the expedition had left Austin and was far on its way 
to Santa Fe\ General Lamar had been led to believe 
that nine-tenths of the inhabitants of New Mexico were 
discontented under the Mexican yoke and anxious to 
come under the protection of the Lone Star Republic. 
In fact he had received assurances from Texans, living 
in Santa ¥6, that such was the popular feeling, and that 
the people would hail the coming of the expedition with 
joy. Governor Armijo may have been regarded as ex- 
tremely cruel toward these invaders, carrying arms into 
a country from which only a short time before it had 
achieved its independence, but it was but natural that 
Armijo should so regard them, particularly when it 
was well known that Texas was claiming as its western 
boundary, the Rio Grande, a contention which Mexico 
was resisting with all its power and diplomacy. A 
parallel case in more recent times is that of Dr. Jame- 
son and his raiders in South Africa. 



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«z the military occupation 

IN SIGHT OP SANTA FE. 

The advance of the American column arrived in 
sight of the City of Santa F6 at three o'clock in the 
afternoon of the ISth of August, 1846 ; by six o'clock 
the entire army was in the capital. The general and 
his staff, and other officers of the army, were received 
at the old palace by Lieutenant Governor Vigil, assisted 
by about thirty representative citizens of the city. 
Refreshments were ordered served by Governor Vigil 
and as the sun sank behind the far distant Jemez and 
Valles Mountains, painting the clouds which over- 
hung the lofty ranges with a glorious combination of 
saffron, opal, purple and golden color, the flag of our 
country was hoisted over the ancient palace and a 
salute of thirteen guns from cannon planted on the 
eminence, afterwards known as Ft. Marcy, declared the 
conquest of New Mexico complete. 

There, in the Old. Palace, sat the American general 
and his principal officers, the guests, enforced it is true, 
but still welcome, of all that was left of the men who 
had derived authority from the Mexican Republic; 
seated in a building, which, in historic interest, sur- 
passes any other within the confines of the United 
States ; built in the first years of the 17th century, and, 
down through all the succeeding years, until 1886, 
whether the country was under Spanish, Pueblo, Mexi- 
can or American control, it remained the seat of 
authority ; whether the ruler was called viceroy, cap- 
tain-general, political chief, department commander or 
governor and whether he presided over a kingdom, a 
province or a territory, the Old Palace has been his 
official residence. 19 Thoughts of the most pleasant 



'Prince's History of New Mexico. 



OF THE TERRITORY OF NEW MEXICO. 73 

character filled the minds of both officers and men ; the 
former being entertained in various places in the city, 
at the houses of the most prominent people, the men 
mixing with the populace in the various resorts and 
bailies of the city. 

On the following morning General Kearny ad- 
dressed nearly all of the people of Santa Fe", assembled 
in the plaza for the purpose of hearing him, saying : 

"New Mexicans : — We have come amongst you to 
take possession of New Mexico, which we do in the 
name of the government of the United States. We 
have come with peaceable intentions and kind feelings 
toward you all. We come as friends, to better your 
condition and make you a part of the Republic of the 
United States. We mean not to murder you or rob you 
of your property. Your families shall be free from 
molestation ; your women secure from violence. My 
soldiers shall take nothing from you but what they pay 
for. In taking possession of New Mexico, we do not 
mean to take away from you your religion. Religion 
and government have no connection in our country. 
There, all religions are equal ; one has no preference 
over the other; tbe Catholic and the Protestant are 
esteemed alike. Every man lias a right to serve God 
according to his heart. When a man dies he must 
render to God an account of his acts here on earth, 
whether they be good or bad. In our government, all 
men are equal. We esteem the most peaceable man, 
the best man. I advise you to attend to your domestic 
pursuits, cultivate industry, be peaceable and obedient 
to the laws. Do not resort to violent means to correct 
abuses. I do hereby proclaim that, being in possession 
of Santa Fe, I am therefore virtually in possession of 



74 THE MILITARY OCCUPATION 

all New Mexico. Armijo is no longer your governor. 
His power is departed; but lie will return and be as 
one of you. When he shall return you are not to molest 
him. You are no longer Mexican subjects; you are 
now become American citizens, subject only to the laws 
of the United States. A change of government has 
taken place in New Mexico and you no longer owe al- 
legiance to the Mexican government. I do hereby 
proclaim my intention to establish in this Department 
a civil government, on a republican basis, similar to 
those of our own states. It is my intention, also, to 
continue in office those by whom you have been gov- 
erned, except the governor, and such other persons as 
I shall appoint to office by virtue of the authority vested 
in me. I am your governor — henceforth look to me for 
protection." 20 

Immediately upon the delivery of the proclamation 
by General Kearny a response was made by Juan 
Bautista Vigil y Alarid, which is fairly expressive of 
the opinions entertained by a large number of the rep 
resentative and influential citizens of the territory. 
Vigil was the official left in charge by Governor Armijo 
and his address is given here for the first time : 21 

"General : — The address which you have just de- 
livered, in which you announce that you have taken 
possession of this great country in the name of the 
United Srates of America, gives us some idea of the 
wonderful future that awaits us. It is not for us to 
determine the boundaries of nations. The cabinets of 
Mexico and Washington will arrange these differences. 
It is for us to obey and respect the established author- 
ities, no matter what may be our private opinions. 

20 Lt. Emory's Account, page 6. 

21 Vigil Papers, N. M. Historical Society. 



OF THE TERRITORY OP NEW MEXICO. 75 

The inhabitants of this Department humbly and 
honorably present their loyalty and allegiance to the 
government of North America. No one in this world 
can successfully resist the power of him who is 
stronger. 

Do not find it strange if there has been no manifes- 
tation of joy and enthusiasm in seeing this city occu- 
pied by your military forces. To us the power of the 
Mexican Eepublic is dead. No matter what her con- 
dition, she was our mother. What child will not shed 
abundant tears at the tomb of his parents? I might 
indicate some of the causes for her misfortunes, but 
domestic troubles should not be made public. It is 
sufficient to say that civil war is the cursed source of 
that deadly poison which has spread over one of the 
grandest and greatest countries that has ever been 
created. To-day we belong to a great and powerful 
nation. Its flag, with its stars and stripes, covers the 
horizon of New Mexico, and its brilliant light shall 
grow like good seed well cultivated. We are cognizant 
of your kindness, of your courtesy and that of your 
accommodating officers and of the strict discipline of 
your troops; we know that we belong to the Republic 
that owes it origin to the immortal Washington, whom 
all civilized nations admire and respect. How different 
would be our situation had we been invaded by Euro- 
pean nations ! We are aware of the unfortunate condi- 
tion of the Poles. 

In the name, then, of the entire Department, T 
swear obedience to the Northern Republic and I tender 
my respect to its laws and authority. 
JUAN BAUTISTA VIGIL y ALARID (Rubric) 

Governor." 

Santa F6, August 19, 1846. 



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Governor, August 19, 184C. 



7S THE MILITARY OCCUPATION 

The following day the principal chiefs of several 
tribes of Pueblo Indians presented themselves at the 
palace and gave in their submission and expressed 
great satisfaction over the arrival of the American 
forces. Their interview was long and very interesting 
and, as stated by Lieutenant Emory, 22 they narrated 
what is a tradition with them, that the white man 
would come from the far east and release them from 
the bonds and shackles which the Spaniards had im- 
posed, not in the name of, but in a worse form than 
slavery. 

The same night a message was received from 
General Armijo, asking on what terms he would be 
received; but this proved to be only a ruse on his part 
to gain time in his flight to the south. From trust- 
worthy accounts, Armijo's force, at the Canyon, was 
about four thousand men, tolerably well armed, and six 
pieces of artillery. Had he been possessed of the 
slightest qualifications as a general, it was possible for 
him to have given the American forces a great deal of 
trouble. During the week various deputations came to 
the capital to see General Kearny, some of them from 
Taos, all giving in their allegiance and asking protec- 
tion from the Indians. 22 

KEARNY'S SANTA FE PROCLAMATION. 

On the 22nd day of August, 1846, General Kearny 
issued a proclamation which produced a most salu- 
tary effect upon the people. In this document he 
says : 23 

"As, by the act of the Republic of Mexico, a state 
of war exists between that government and the United 



22 Lt. Emory's Account, page 6. 
S3 Ex. Doc. No. 60, pages 170-171. 



OP THE TERRITORY OF NEW MEXICO. 79 

States; and as the undersigned, at the head of his 
troops, on the 18th instant, took possession of Santa 
Fe', the capital of the department of New Mexico, he 
now announces his intention to hold the department, 
with its original boundaries (on both sides of the Del 
Norte j as a part of the United States, under the name 
of the Territory of New Mexico." 

"The undersigned has come to New Mexico with a 
strong military force, and an equally strong one is 
following him in his rear. He has more troops than is 
necessary to put down any opposition that can pos- 
sibly be brought against him, and therefore it would 
be but folly or madness for any dissatisfied or discon- 
tented persons to think of resisting him." 

"The undersigned has instructions from his gov- 
ernment to respect the religious institutions of New 
Mexico, to protect the property of the church, to cause 
the worship of those belonging to it to be undisturbed, 
and their religious rights in the amplest manner pre- 
served to them; also to protect the persons and prop- 
erty of all quiet and peaceable inhabitants within its 
boundaries against their enemies the Eutaws, the Nav- 
ajos and others; and when he assures all that it will 
be his pleasure, as well as his duty, to comply with 
those instructions, he calls upon them to exert them- 
selves in preserving order, in promoting concord, and 
in maintaining the authority and efficacy of the laws. 
And he requires of those who have left their homes 
and taken up arms against the troops of the United 
States, to return forthwith to them, or else they will 
be considered as enemies and traitors, subjecting their 
persons to punishment and their property to seizure 
and confiscation for the benefit of the public treasury." 



80 MILITARY OCCUPATION OF NEW MEXICO. 

"It is the wish and intention of the United States 
to provide for New Mexico a free government, with the 
least possible delay, similar to those in the United 
States; and the people of New Mexico will then be 
called on to exercise the rights of freemen in electing 
their own representatives to the territorial legislature. 
But, until this can be done, the laws hitherto in force 
will be continued until changed or modified by compe- 
tent authority; and those persons holding office will 
continue in the same for the present, provided they 
will consider themselves good citizens and are willing 
to take the oath of allegiance to the United States." 

"The United States hereby absolves all persons re- 
siding within the boundaries of New Mexico from any 
further allegiance to the Republic of Mexico, and here- 
by claims them as citizens of the United States. Those 
who remain quiet and peaceable will be considered 
good citizens and receive protection — those who are 
found in arms, or instigating others against the United 
States, will be considered traitors and treated accord- 
ingly." 

"Don Manuel Armijo, the late governor of this 
department, has fled from it; the undersigned has 
taken possession of it without firing a gun, or spilling 
a single drop of blood, in which he most truly rejoices, 
and for the present will be considered as governor of 
the territory." 

"Given at Santa F6, the capital of the Territory 
of New Mexico, this 22nd day of August, 1846, and in 
the 71st year of the independence of the United 
States." ' S. W. KEARNY, 

Brigadier General, U. S. Army." 
"By the Governor: 

Juan Bautista Vigil y Alarid." 




TLAN OF SANTA Y £ AND ITS ENVIRONS 



82 THE MILITARY OCCUPATION 

On the same day General Kearny wrote to Briga- 
dier General Wool, at Chihuahua, Mexico, saying that 
"everything is quiet and peaceable. The people now 
understand the advantages they are to derive from a 
change of government and are much gratified with it." 

On the 2nd day of September, General Kearny 
and a portion of his command, consisting of a battery 
of eight pieces and one hundred artillerymen, a bat- 
talion of one hundred dragoons, under Captain Burg- 
win, and five hundred mounted volunteers, marched 
south to the valley of the Rio Grande, moving by way 
of Agua Fria, five miles from Santa Fe", thence to the 
Galisteo river, and, following this stream to its junc- 
tion with the Rio Grande where the Pueblo of Santo 
Domingo now stands. His command numbered seven 
hundred and twenty-five. The general and his officers 
were hospitably entertained by the principales of the 
pueblo and were entertained at the residence of the 
priest. 24 The general was shown into the priest's parlor 
which was tapestried with curtains stamped with like- 
nesses of all the presidents of the United States up to 
the time of President Polk. The cushions were of spot- 
less damask and the couch was covered with a white 
Navajo blanket worked in richly colored flowers. 

The air was redolent with the perfumes of grapes 
and melons and every crack of door and window glis- 
tening with the bright eyes and arms of the women of 
the capilla. The old priest was busily talking in the 
corner, and little did he know of the game of sighs and 
signs carried on between the young fellows and the 
fair inmates of his house. The gayest array of young 
men in the command were out and the women seemed 



24 Lt. Emory's Account, page 



OP THE TERRITORY OP NEW MEXICO. 83 

to those present to drop their usual subdued look and 
timid wave of the eyelash for good hearty twinkles 
and signs of unaffected and cordial welcome, signs 
supplying the place of conversation, as neither party 
could speak the language of the other." 5 

A fine repast was served by the priest, and after- 
wards, standing in front of the portal, General Kearny 
delivered a speech to the assembled Indians which was 
first interpreted into Spanish and then into Pueblo. 
The command then proceeded down the valley, stopping 
at the principal Indian villages and Mexican towns and 
arriving at Tome", in the county of Valencia, on the 7th 
of September, and thereafter returning to Santa Fe, 
arriving on the eleventh of the month. 

General Kearny, having occasion to transfer some 
public property into the hands of a public functionary, 
took up a bit of blank paper and commenced writing, 
when the Alcalde, who happened to be present, re- 
marked to the general that an instrument of writing 
was not legal, unless it was drawn upon paper stamped 
with the government seal or coat-of-arms, for the State 
of New Mexico. He then stepped out and brought a few 
sheets of the government paper to General Kearny, 
politely observing "that the government sold it at only 
eight dollars per sheet, a very moderate sum to pay for 
having an important document strictly legal." With 
out ceremony, General Kearny changed his purpose for 
the moment, and wrote, in substance, as follows: "The 
use of the 'stamp paper' by the government of New 
Mexico, is hereby abolished. Done by the Governor, 
S. W. KEARNY, Briff. Gen." 



25 Lt. Emory's Account, page 7. 



84 MILITARY OCCUPATION OF NEW MEXICO. 

"I will now," continued he, "take it at its real value, 
just as other paper." The Alcalde was astonished, for 
his prospects of further extortion were blasted. The 
common people who had been compelled to -pay the ex- 
orbitant sum of eight dollars for a sheet of paper, when 
an instrument of writing was wanted which required 
a seal, rejoiced that they were now relieved of so 
burdensome a tax. 

On the 22d of September, General Kearny, claim- 
ing to have authority to do so, made appointments of 
territorial officials as follows : Charles Bent, governor; 
Donaciano Vigil, secretary ; Richard Dallam, marshal ; 
Francis P. Blair, Jr., United States Attorney ; Charles 
Bl limner, treasurer; Eugene Leitensdorfer, auditor, 
and Joab Houghton, Antonio Jose Otero and Charles 
Beaubien, judges of the superior court. 26 

KEARNY CODE PROMULGATED. 

On the same day General Kearny promulgated the 
laws which he had prepared for the government of the 
territory. In his letter to the Adjutant General of the 
Army, transmitting a copy of these laws, General 
Kearny says : 

"I take great pleasure in stating that I am en- 
tirely indebted for these laws to Colonel A. W. 
Doniphan, of the 1st Regiment of Missouri Mounted 
Volunteers, who received much assistance from private 
Willard P. Hall, of his regiment. These laws are taken, 
part from the laws of Mexico, retained as in the 
original — a part with such modifications as our laws 
and constitution made necessary; a part are from the 
laws of Missouri Territory; a part from the laws of 
Texas and Coahuila, a part from the statutes of 



26 Ex. Doc. No. 60, page 22, page 176. 




Charles Bent, First Governor of New Mexico. 



86 THE MILITARY OCCUPATION 

Missouri; and the remainder from the Livingston 
Code ; the organic law is taken from the organic law of 
Missouri Territory." 

This letter, together with the copy of the laws and 
the list of General Kearny's appointees, was received 
at Washington, November 23d, following. 

GENERAL KEARNY LEAVES FOR CALIFORNIA. 

On the 24th of September, 1846, general orders 
were issued designating the force to accompany Kearny 
on his march to California. It consisted of three 
hundred United States 1st Dragoons, under Major 
Sumner, who were to be followed by the battalion of 
Mormons, five hundred in number, commanded by 
Captain Cooke. 

Colonel Doniphan's regiment was to remain in New 
Mexico until relieved by Colonel Price's regiment, 
which was daily expected to reach Santa F6" from the 
United States, when the 1st Missouri Mounted Cavalry, 
under Doniphan, was directed to join General Wool, at 
Chihuahua. The two batteries of artillery were di- 
vided; one company, Captain Fisher's, to be left in 
New Mexico; the other, Captain Weightman's, to 
accompany Colonel Doniphan. The battalion of in- 
fantry, under Captain Angney, was directed to remain 
in Santa Fe\ Thus was the Army of the West divided 
into three columns, to operate in regions remote from 
each other and never again to be united in one body. 29 

On the morning of the 25th, the column was ready 
for its long march to the Coast, and, at two in the 
afternoon, left Santa F6" and reached Albuquerque on 
the 29th, at which place the Rio Grande was crossed; 
thence the valley was followed to the Jornado del 



'Lt. Emory's Account. 



OP THE TERRITORY OP NEW MEXICO. 87 

Muerto and thereafter, across the plains into the valley 
of the Rio Mimbres, from which locality Kearny pro- 
ceeded westward to the Pacific Coast, reaching San 
Diego in December. 

The conquest of New Mexico was complete ; 
achieved without the loss of a man or the firing of a 
gun, the work was finished. Kearny and Doniphan, 
going out from the then western border of civilization, 
marching upwards of a thousand miles through lands 
overrun with hostile Indians, making a circuit equal 
to a fourth of the circumference of the globe, providing 
for the army as they went, returned with trophies 
taken from fields the names of which were unknown to 
themselves 30 and their country. History has but few 
such expeditions to record. "New Mexico, itself so 
distant and so lately the Ultima Thule, the outside 
boundary of speculation and enterprise, so lately a 
distant point to be obtained, became itself a point of 
departure for new and far more extended expeditions." 

The fruits of this great expedition, coupled with 
the great successes of the naval and military forces of 
the United States operating simultaneously on the 
coast of California, time has shown to have been in- 
estimable in value to our country. New Mexico and 
California, conquered but afterwards ceded by Mexico 
to the United States, an area of territory embracing 
nearly ten degrees of latitude, lying adjacent to Oregon 
and extending from the Pacific Coast to the Rio Bravo, 
gave an empire to the United States and its acquisition 
was second only in importance to the purchase from 
Napoleon, of Louisiana, in 1803. Gold had not been 
discovered in California ; the great copper mines of the 



3n Hon. Thomas H. Benton— address, July 2d, 1847. 






rSk 



/'", ^f/,^h,nr-Jhr/c<z 



%Su>'ift §dtffl 1/ {tfchti 



<&**&£** U&SgMx 




Fao-simile of Page of Stamped Paper, the Use of Which Was Abolished hy 
General Kearny. 



MILITARY OCCUPATION OP NEW MEXICO. 89 

present territory of Arizona had not been dreamed of 
by men of Anglo-Saxon blood, and the immense agri- 
cultural and horticultural resources of the golden state, 
not to mention those of the territories of New Mexico 
and Arizona, had not been given the slightest thought 
by the statesmen of that day. The possession of the 
ports of San Diego, Monterey and San Francisco im- 
mediately enabled the United States to command the 
commerce of the Pacific Coast, and at that time, in the 
whaling business alone, the capital invested exceeded 
forty millions of dollars. To-day the assessed valuation 
of property in some of the cities of California exceeds 
by many millions of dollars the entire cost of the war 
with Mexico; a single copper mine in the Territory of 
Arizona has produced copper bullion of greater value, 
in dollars, than the total amount of the national debt 
of our country after the war with Mexico was over, and 
the value of the coal and coke already produced in the 
coal regions of New Mexico and Southern Colorado, at 
the time of the occupation, a part of New Mexico, ex- 
ceeds the cost of all that portion of the United States 
embraced within the Louisiana Purchase and the terri- 
tory acquired by the annexation of the Republic of 
Texas, as well as that secured under the terms of the 
Treaty of Guadalupe Hidalgo. 

KEARNY^S ACTIONS PARTLY DISAPPROVED AT WASHINGTON. 

Exactly four months after General Kearny had 
established a civil form of government in New Mexico 
and named the officials of the Territory, President 
Polk, in answer to a resolution of the House of Repre 
sentatives asking for all documents containing any 
orders or instructions to any military, naval or other 
officer of the government in relation to the establish 



MILITARY OCCUPATION OF NEW MEXICO. 91 

ment or organization of civil government in any por- 
tion of the Territory of New Mexico, which has or 
might be taken possession of by the Army or Navy of 
the United States, said : — "Among the documents ac- 
companying the report of the Secretary of War will 
be found a "form of government" "established and 
organized" by the military commander who conquered 
and occupied with his forces the Territory of New 
Mexico. This document was received at the War De- 
partment in the latter part of last month, and, as will 
be perceived by the report of the Secretary of War, was 
not, for the reasons stated by that officer, brought to 
my notice until after my annual message of the 8th 
instant was communicated to congress." 

"It is declared on its face to be a temporary gov- 
ernment of the said territory," but there are portions 
of it which purport to "establish and organize" a per- 
manent Territorial government of the United States 
over the Territory and to impart to its inhabitants 
political rights, which, under the Constitution of the 
United States, can be enjoyed permanently only by 
citizens of the United States. These have not been 
"approved and recognized" by me. Such organized 
regulations as have been established in any of the con- 
quered territories for the security of our conquest, for 
the preservation of order, for the protection of the 
rights of the inhabitants, and for depriving the enemy 
of the advantages of these territories while the military 
possession of them by the forces of the United States 
continues, will be recognized and approved. 31 

"It will be apparent from the reports of the officers 
who have been required by the success which has 

31 Message of President Polk, Dec. 22d, 1846. 




X 7 7P* 



£*&**3E3u 




» # 




is** 




MILITARY OCCUPATION OP NEW MEXICO. 93 

crowned their arms to exercise the powers of temporary 
government over the conquered territories, that, if any 
excess of power has been exercised, the departure has 
been the offspring of a patriotic desire to give to the 
inhabitants the privileges and immunities so cherished 
by the people of our own country, and which they be- 
lieved calculated to improve their condition and pro- 
mote their prosperity. Any such excess has resulted in 
practically no injury, but can and will be early cor- 
rected in a manner to alienate as little as possible the 
good feelings of the inhabitants of the conquered 
territory." 



LEYES 

para 

El GoBrERNO OEL TerRITORIO DE 

NUEVQ MEJICO 



LAWS 



TEST AM EN TARI AS. 

Seccion ! Las leyes hasta ahora 
?igentes relatives a herencias, rcpar 
timientas, ulti nas voluntadea y testa 
Bientos seguQ estan contenidas en el 
traUdo sobre estas m itenas escrito 
por Pedro M irillo de Lara, quedaran 
vigentes en todo lo que sou conformes 
con la constitucion de I09 Estados 
U»i los y estalutos tambien vigentes 

2 Los Prefectos concederan letras 
credenciales para testamenterias y 
parn Abintestates. 

3 Las iatras para testamentarias 
y Abintestates seran concedidas en 
el "condado en qu el hogar 6 lugar 
de residencia del difunto estubiere u- 
bicado. Si no tenia hogar 6 lu^ar de 
residencia al tiemoo de su muerte y 
poseyera tier as las letras creden. 
dales se coneeieran en elcondadoen 
que esiubieren las tierras 6 parte de 
ellas. Si e1 d>fmr.n no tenia hogar 6 
"lugar de residencia y no poseia tier- 
ras, las letras p jdran concederse en 
tl condado en que m iro 6 donde etn. 
ticren la mayor parte de sus bienes. Sj 



for 

THE GOVERNMENT- OF THE TKRRITORT OF 

NEW MEXICO. 

ADMINISTRATIONS. 

Section I The taws Aeretotore in 
force concerning descents, distribu- 
tions, wills and testaments, as con- 
tained rn the treatise on these sub- 
jects w itten by Pedro Munllo De 
Lorde, shall remain in force so far 
as tAey are in conformity with tAe 
Constitution of tAe United States aud 
The State laws in force for the time 
being. 

2 The prefects shall grant letter* 
testamentary and of administration 

3 Letters testamentary an 1 of ad 
ministration shall be granted in the 
county in wAich the mansion house 
or place of abode of the deeensed is 
situated. If he had no mansion house 
or place of abode at the time of. hip 
death, and be possessed of lands, let- 
ters shall be granted in the county in 
which the lands or a part thereof lies. 

If the deceased had no mansion 

house or place of abode, and was not 

possessed of lands, letters may be 

ranted in the county in which he 

died or where the greater part ol his 



Page of Kearny Code. 



CHAPTER III. 

1. The March to Chihuahua. 2. Doniphan Ordered Against the 
Navajos. 3. Treaty with the Navajos. 4. Doniphan Pro- 
ceeds Down Valley of Rio Grande. 5. Battle of Brazito. 
6. Doniphan Occupies El Paso. 7. Marches on Chihuahua. 
8. Battle of Sacramento. 9. Occupation of Chihuahua. 
10. Departure of Army for Saltillo. 11. Return to the 
United States. 

When General Kearny left Santa Fe" for Califor- 
nia the command of the forces remaining in New Mex- 
ico was turned over to Colonel Doniphan. Two days 
after the departure of Kearny, Colonel Sterling Price, 
accompanied by his staff, arrived in the city in ad- 
vance of his command. Colonel Price's troops arrived 
a few days later and consisted of 1,200 mounted volun- 
teers from Missouri and a Mormon battalion of 500 
infantry, which had been organized at Council Bluffs. 
These troops marched across the plains in fifty-three 
days. Santa Fe' was now a great military camp, the 
aggregate effective force of the army at the time being 
in the neighborhood of three thousand five hundred 
men. 

Great preparations were made for the campaign 
to be commenced by Colonel Doniphan, his objective 
point being Chihuahua, Avhere it was supposed he 
would be able to join with General Wool, who had 
been ordered there by the President, operating under 
orders from General Zachary Taylor, at that time com- 
manding the army of occupation in Mexico, and under 
whose leadership the battles of Palo Alto and Resaca 
de la Palma had been fought on the 8th and 9th days 
of May previous. 



9(3 MILITARY OCCUPATION OP NEW MEXICO. 

When Colonel Doniphan had completed all his 
arrangements for the campaign to the south, advices 
were received by him, in the nature of a special order 
from General Kearny, who had reached La Joya, a 
point in the valley of the Rio Grande, a short distance 
above the present city of Socorro, directing him, prior 
to his march against Chihuahua, to undertake a cam 
paign against the Navajo Indians, who had been raid- 
ing the valley in the neighborhood of Polvodera. With- 
out a moment's delay, everything being in readiness, 
Colonel Doniphan began the work. 

CAMPAIGN AGAINST THE NAVAJO INDIANS. 

Colonel Price was left in command at Santa F6, 
and on the 2Gth day of October, having divided his 
force into two parts, at the head of one Doniphan pro- 
ceeded to Albuquerque, thence to the Rio Puerco, fol- 
lowing that stream to its headwaters. Major Gilpin 
was placed in command of a force of two hundred men, 
marched up the valley of the Chama from Abiquiu, 
crossed the Continental Divide and proceeded down 
the San Juan river to the valley of the Little Colorado. 
Captain John W. Reid, with thirty men, led an ex- 
pedition into the heart of the Navajo country, which 
was of a most daring and brilliant kind. The whole 
country was traversed and the Navajos finally assem- 
bled at Ojo del Oso (Bear Spring), where a treaty 
was signed, after a campaign lasting only six weeks, 
and at the conclusion of which the command returned 
to the valley of the Rio Grande, reaching Socorro on 
the 12th day of December, 1846. 

Thus early in the history of American rule of New 
Mexico, the army of the United States, traversing the 
Great Plains, the heroes of a bloodless conquest of 




General A. W. Doniphan at Seventy. 



98 MILITARY OCCUPATION OF NEW MEXICO. 

New Mexico, became the champions and protectors of 
a people not yet citizens of the United States. In ne- 
gotiating with the Navajos, Colonel Doniphan outlined 
the purposes of the American government in taking- 
possession of New Mexico. He was answered by Sar- 
cilla Largo, a young chief, an Indian of prominence 
and ability in his tribe, who said that he was gratified 
to learn the views of the American general. It was ex- 
plained to the Indians that the United States had 
taken military possession of the country; that the laws 
of the United States were now in force and that all 
citizens would be protected against violence, invasion 
and depredation; that the government was also anx- 
ious to enter into a treaty of peace with the Navajos; 
that the same protection would be given to them ; that 
the United States claimed everything by right of con- 
quest and that the Mexicans and Indians were now 
equally citizens of his country. 

Sarcilla Largo replied: ''Americans! You have a 
strange case of war against the Navajos. We have 
waged war against the New Mexicans for many years. 
We have plundered their villages, killed many of their 
people and have taken many prisoners. Our cause was 
just. You have lately commenced a war against the 
same people. You are powerful. You have great guns 
and many brave soldiers. You have therefore con- 
quered them, the very thing we have been attempting 
to do for many years. You now turn upon us for at- 
tempting to do what you have done yourselves. We 
cannot see why you have cause to quarrel with us for 
fighting the New Mexicans on the West, while you do 
the same thing on the East. Look how matters stand ! 
This is our war. We have more right to complain of 




jfe^iW &■ 



Reprint from Hughes' Doniphan Expedition 



100 'military OCCUPATION OF NEW MEXICO. 

you for interfering in our war than you have to quar- 
rel with us for continuing a war we had begun long 
before you got here. If you Avill act justly you will 
allow us to settle our own differences." 

It was then explained that the New Mexicans had 
surrendered and were no longer bearing arms against 
the American forces. The Indians were informed that 
according to the usages of civilized warfare, when a 
man surrendered he was treated thereafter in a 
friendly manner. That, by right of conquest, all of 
New Mexico and all the inhabitants had become a part 
of the United States; that, if the Navajos continued 
to steal from the New Mexicans, they were stealing 
from citizens of the United States and that, when 
they killed them, they were killing our own people. 
That the American government had guaranteed pro- 
tection to the New Mexicans from whatever source 
they should be threatened, and that no further war- 
fare against them on the part of the Navajos would 
be tolerated. 

It was finally agreed to execute the treaty, the 
Navajo chief declaring that New Mexico, being in the 
possession of the American army, and it being the in- 
tention to hold it, all depredations by his tribe would 
cease and that thereafter they would refrain from 
making war upon our people. "We have no quarrel 
with you," said Sarcilla, "and want no war with so 
great a nation. Let there be peace between us." 

The entire column commanded by Doniphan was 
concentrated near Socorro, in the valley of the Rio 
Grande, and on December 14th began its march down 
the Rio Bravo, a wonderful undertaking, an expedition 
which made the name of Doniphan a household word 




m *a 







Colonel Doniphan Treating With the Navajo Indians. 
Sarcilla Largo: "We can not see why you have cause to quarrel with us for 
lighting the New Mexicans on the west, while you do the same thing on the east." 



102 MILITARY OCCUPATION OF NEW MEXICO. 

in the Great West and raised him to that pinnacle of 
glory which gave a great American poet an inspiration, 
a comparison with the deeds and march of Xenophon 
and the Retreat of the Ten Thousand. 32 

After crossing the Jornado del Muerto (journey 
of death), Colonel Doniphan and command entered 
the Mesilla Valley of the Rio Grande, and, a few miles 
south of the present town of Las Cruces, camped at 
what is known as the Brazito, on the east bank of 
the river, in a level, bottom prairie, partially covered 
with mesquite and cottonwood undergrowth. 

BATTLE OP BRAZITO,, DECEMBER 25, 1846. 

While the men were scattered in quest of wood 
and water for cooking purposes, for fresh grass for the 
animals, and while the wagon trains and teamsters 
were scattered along the road for miles in the rear, a 
great cloud of dust was observed to the southward, 
and shortly it was announced by men scouting in the 
advance that the enemy was approaching. Every man 
flew to his post; assembly was sounded; the men, 
dashing down their loads of wood and buckets of 
water, came running from all directions, seized their 
arms and fell into line under whatever flag was most 
convenient; those in the rear fell into line, under the 
nearest standards, as fast as they came up. 

By this time the Mexican General had drawn up 
his forces in front and on the right and left flanks of 
Doniphan's lines. His force was about one thousand - 
three hundred men, regulars and volunteers, cavalry 
and infantry and four pieces of artillery. They ex- 
hibited a most gallant and imposing appearance, for 



-William Cullen Bryant. 



MILITARY OCCUPATION OP NEW MEXICO. 105 

the dragoons were dressed in a uniform of blue pan- 
taloons, green coats, trimmed with scarlet and wearing 
tall caps, plated in front with brass, on the tops of 
which waved plumes of horsehair. 

Before the battle commenced and while the two 
armies stood marshaled front to front, the Mexican 
commander, General Ponce De Leon, despatched a 
lieutenant to Colonel Doniphan, bearing a black flag. 
The messenger, coming with the speed of lightning, 
halted when within sixty yards of the American line 
and waved his ensign gracefully in salutation. Colonel 
Doniphan advanced toward him a short distance, ac- 
companied by an interpreter, and asked his demands. 
The response was a demand from the Mexican General 
that the American commander appear before him. 
Doniphan replied : "If your General desires peace, let 
him come here," when the messenger cried out : "Then 
we will break your ranks and take him there." "Come 
then and take him," cried Doniphan, and immediately 
the battle began. 33 

"Dios y Libertad," shouted the Mexican com- 
mander, and in a whirlwind of sand and dust the cav- 
alry came thundering on. Through the rising clouds of 
dust the bright lances and sabres glittered in the sheen 
of the sun ; the Vera Cruz dragoons were leading and 
charged on Doniphan's left. Not until within a few 
yards did the Americans open fire. The shrill voice 
of Doniphan could be heard above the cries of the 
Mexicans and the fire of the yagermen. The execution 
was deadly; his line was broken. At this moment 
Captain Reid, with only sixteen mounted men, the 
balance on foot, charged the enemy, broke through his 



"Hughes' Doniphan's Expedition, pages 264 and 265. 




n 



% 




v 



^ 3 



MILITARY OCCUPATION OF NEW MEXICO. 107 

ranks, hewed them to pieces with their sabres and 
threw them into complete confusion. Hand to hand 
conflicts were everywhere in evidence. The Mexican 
General had his horse killed under him and was 
wounded in a sabre duel with one of Keid's troopers. 
The Chihuahua infantry and cavalry charged Doni- 
phan's right. They were met with a galling fire at 
sixty paces and, wheeling, fled in great confusion. The 
consternation became general in the ranks of the enemy 
and they commenced a retreat. The Mexican loss 
was seventy-one killed, five prisoners and not less than 
one hundred and fifty wounded, among whom was the 
commanding general, Ponce De Leon. The American 
loss was none killed and eight wounded. 

By this defeat the Mexican army was completely 
disorganized and dispersed. Their volunteers returned 
with the utmost expedition to their respective homes, 
while the regulars, under Ponce De Leon, continued 
their flight to Chihuahua. This was the only battle 
fought by Doniphan's command on what is now Amer- 
ican soil. 

On the following morning Doniphan moved south- 
ward, and, on the 28th, occupied El Paso, which sur- 
rendered without a struggle. Here he remained for 
about six weeks awaiting the arrival from Santa Fe" 
of the artillery under Major Clark and Captain 
Weightman. These re-enforcements arrived on the 1st 
of February, 1847, and consisted of one hundred and 
seventeen men and six pieces of cannon. On the 8th 
the entire army began its advance upon the City of 
Chihuahua. The men were buoyant with hope, ex- 
pecting a harvest of undying fame and looking for 
victory or death on the field of battle. This little 



MILITARY OCCUPATION OF NEW MEXICO. 109 

army, only a handful of volunteers, essayed to conquer 
the greatest city in Northern Mexico, defended by reg- 
ulars and volunteers from the entire state of Chihua- 
hua and the neighboring state of Durango. The march 
led through sandy plains; the water was bad and 
scarce and everything physically was a menace to the 
success of the enterprise. The capture of Chihuahua 
had been deemed of the greatest importance by the 
American government, so much so that General Wool, 
with 3,500 men and a heavy park of artillery had been 
directed thither for its subjugation. Colonel Doniphan 
was only too well aware of the dangers that con- 
fronted him, but he had been ordered to report to 
General Wool and, brave frontiersman that he was, 
had no idea of remaining at El Paso waiting for re- 
enforcements; no doubt was in his mind as to his 
ability to defeat the enemy and capture the city, not- 
withstanding the fact that both the great states of 
Chihuahua and Durango were in arms to oppose his 
advance. 

On the 28th, near the City of Chihuahua, the 
American army came in sight of the enemy encamped 
at a place called Sacramento. All day long an im- 
mense eagle, sometimes soaring aloft and sometimes 
swooping down amongst the fluttering banners, fol- 
lowed the lines of inarch and seemed to herald the 
news of victory. Like the Romans of old, the men re- 
garded the omen as good. 

The enemy had occupied the brow of a rocky emi- 
nence rising upon a mesa between the Sacramento 
river and the Arroyo Seco. The approaches were for- 
tified by a line of field works consisting of twenty- 
eight strong redoubts and intrenchments. This pass 




Cannon Captured by Colonel Doniphan at Battle of Sacramento, Now in State 
House Grounds, Jefferson City, Missouri, 



MILITARY OCCUPATION OP NEW MEXICO. Ill 

was the key to the capital — the far-famed City of 
Chihuahua, the Mecca of the merchants of the Santa 
F6 Trail. Thus fortified and intrenched, the Mexican 
army, consisting, according to a consolidated report 
of the adjutant general, which fell into the hands of 
Doniphan after the battle, of four thousand two hun- 
dred and twenty men, commanded by Major General 
Heredia. aided by General Conde, formerly Minister 
of War of Mexico, as commander of cavalry; General 
Ugarte, in command of the infantry, and General 
Trias, commanding the artillery, awaited the approach 
of the American army. 3i 

As the American volunteers advanced nothing could 
exceed in point of solemnity and grandeur the rumbling 
of the artillery, the firm moving of the caravan, the 
dashing to and fro of horsemen, the fluttering banners 
and guidons waving defiance to the enemy. The Mex- 
icans began the engagement with a cavalry charge, led 
by General Conde. Down the fortified heights he 
charged, with sabres flying, leading twelve hundred 
men, a magnificent sight, the glistening brass upon 
their accoutrement shining with the flash of a thou- 
sand sabres. This force was greater than Doniphan's 
entire command, and quickly he ordered the artillery 
to begin its work; at less than a thousand yards the 
six-pounders and howitzers did deadly work. The 
charge was broken; Conde fell back in some confusion, 
unmasking, however, a battery which immediately 
commenced a fire upon the American army. The ar- 
tillery battle continued for upwards of an hour, re- 
sulting in great loss to the Mexicans. General Conde 



34 Hughes' Doniphan's Expedition. Campaigning with Doni- 
phan-Edwards. 




PLAN OF THE BATTLE OF SACRAMENTO 



MILITARY OCCUPATION OF NEW MEXICO. 113 

fell back and attempted to reorganize his command 
behind the retrenchments. Meanwhile the Americans 
advanced to storm the redoubts. Sixteen pieces of 
cannon from the redoubts opened a heavy fire upon our 
army as it moved up the hill, but, owing to the fact 
that the enemy was compelled to direct his fire plun- 
gingly down hill, the army sustained but little damage. 
When within four hundred yards of the redoubts a 
charge was ordered. Here it was that Captain Reid 
again distinguished himself, for with twenty-five troop- 
ers he charged the redoubt in his front and carried the 
battery, silencing the guns. He was too weak to hold 
it, however, and overwhelmed by the enemy he was 
beaten back. His horse was killed under him. Within 
a few moments the remainder of Reid's troop Avas with 
him and a section of Weightman's howitzers. To- 
gether they swept the intrenchments with grape and 
canister and the battery was retaken and held. 

Meanwhile the American left, under Major Gilpin, 
boldly scaled the heights, passed the intrenchments, 
cleared the redoubts and, with great slaughter, forced 
the enemy to retreat. The Mexican artillerymen were 
brave fighters; some of them were made prisoners 
while in the act of touching off their cannon. Great 
efforts were made by the Mexican generals to rally 
their forces, but they were unavailing. The rout of 
the Mexican army became general and the slaughter 
continued till night put an end to the conflict. 

The Mexican loss on the field was three hundred 
and four men, and a large number wounded, not less 
than five hundred and seventy were taken prisoners. 

Thus was the army of Northern Mexico totally de- 
feated and completely disorganized by a column of 



MILITARY OCCUPATION OP NEW MEXICO. 115 

Missouri volunteers. The American loss was one killed. 
Major Owens of Independence, Mo., and eleven 
wounded. 

Colonel Doniphan, immediately following up this 
sweeping victory, took possession of the City of Chi- 
huahua, together with a vast quantity of provisions, six 
thousand dollars in silver, fifty thousand head of sheep, 
one thousand five hundred head of cattle, one hundred 
mules, twenty wagons, twenty-five thousand pounds of 
ammunition, ten pieces of cannon, one hundred stands 
of small arms, one hundred stands of colors, several 
fine carriages and other things of lesser note, belonging 
to the departed commander, Heredia. 

On the same day, in the center of the Plaza, amid 
the thunder of twenty-eight guns, a national salute, 
Old Glory was hoisted over the stronghold of northern 
Mexico. 

On the 18th of March, Doniphan learned of the 
great conflict at Buena Vista, and, on the 20th, de- 
spatched a messenger to General Wool protesting 
against remaining at Chihuahua as a mere wagon-guard 
for the garrisoning of a city with troops never intended 
for such duty. On the 9th of April following, de- 
spatches were received from General Taylor, by way 
of General Wool at Saltillo, and were sent to Colonel 
Doniphan by the hands of Captain Pike, with an escort 
of twenty-six cavalry -men, reaching Doniphan on the 
23d, and on the 25th Colonel Doniphan ordered the 
evacuation of the city and began his march to Saltillo. 

Isolated from every other branch of the army, 
barred by intervening deserts from all communication 
with his government, thrown entirely upon his own re- 
sources, compelled to draw supplies from a hostile 



116 MILITARY OCCUPATION OF NEW MEXICO. 

country and in the absence of instructions from any 
superior authority, Doniphan and his command had 
been practically abandoned by the United States gov- 
ernment and left to cut its way through the country of 
a subtle enemy. Destitute of clothing and the means 
of procuring it, the army not having received a dollar 
in pay since the day of enlistment, the soldiers indeed 
were become rough and uncouth samples of frontier 
existence. 

Their long beards flowed in the wind like the hair 
of the Cossack on the Russian Steppes. Their buck- 
skin apparel, their unusually stern appearance, their 
determined and resolute mien attracted the gaze and 
won the admiration of the people everywhere. 

When General Wool, with three thousand five 
hundred men, with heavy artillery, set out from San 
Antonio on his intended expedition against Chihuahua, 
many predicted his complete annihilation, and yet, 
Doniphan, with a force of less than a thousand effective 
men, captured the city, although desperately defended 
at Sacramento, a feat at that time unrivalled in the 
history of American armies. 

In compliance with the orders of General Taylor, 
the services of the Missouri Volunteers being no longer 
required in the war with Mexico, General Doniphan 
and command were sent to the United States by way 
of Matamoras and the Gulf of Mexico. They were dis- 
charged at New Orleans and returned to their native 
state, graced with the trophies of the vanquished foe, 
the cannon captured at Sacramento afterwards pre- 
sented to the state of Missouri, having in twelve months 
travelled more than three thousand five hundred miles 
by land, over two thousand five hundred miles by sea, 




The Missouri Mounted Volunteer. 

Sketch from Life, on Arrival of Doniphan's Command at Chihuahua, 1847. 

Reprint from Hughes' Doniphan Expedition. 



118 THE MILITARY OCCUPATION 

conquered the state of New Mexico, concluded a great 
campaign against the Navajo Indians, in which a treaty 
of peace was secured, fought the battles of Brazito and 
Sacramento, conquered the state of Chihuahua, 
marched over six hundred miles through sandy, desert 
wastes to Saltillo, joining General Wool, all accom- 
plished with a loss of less than one hundred of their 
original number. 

The expedition of Cyrus against his brother, 
Aitaxerxes, and the retreat of the Ten Thousand 
Greeks under Xenophon form the only parallel to 
Doniphan's expedition recorded in the history of the 
world. 35 

The returning soldiers were welcomed on every 
hand by the patriotic citizens of their native state. 
Great public meetings were held, one at St. Louis on 
the 2d day of July, 1847, being addressed by Hon. 
Thomas H. Benton, then a United States senator from 
Missouri, who in a most thrilling and eloquent manner 
recounted with astonishing accuracy and extraordinary 
minuteness the events of the great campaign. 36 

In the latter part of the month, at a meeting held 
in Independence, Colonel Doniphan was crowned with 
the hero's laurel wreath, and a Mrs. Buchanan, on be- 
half of the ladies of the state, delivered from the stand, 
in the presence of the assembled thousands, a most 
eloquent address, saying: — 37 

"Volunteers of Missouri : — In the history of your 
country no fairer page can be found than that which 
records your heroic achievements. Many of you had 



3i Hughes' Doniphan's Expedition. 
30 Missouri Republican — July 3d, 1847. 
"Hughes' Doniphan's Expedition, page 



OF THE TERRITORY OP NEW MEXICO. 119 

never welcomed the morning light without the sunshine 
of a mother's smile to make it brighter. Man} 7 of you 
had known the cares and hardships of life only in name, 
still you left the home of your childhood and en- 
countered perils and sufferings that would make the 
cheek of a Roman soldier turn pale, and encountered 
them so gallantly that time in his vast calendar of 
centuries can show none more bravely, more freely 
borne." 

"We welcome you back to your homes. The 
triumph which hailed the return of the Caesars to 
whose war chariot was chained the known world is not 
ours to give, nor do you need it. A prouder triumph 
than Rome could bestow is yours, in the undying fame 
of your proud achievements. But if the welcome of 
hearts filled with warm love and well merited admira- 
tion, hearts best known and longest tried, be a triumph, 
it is yours in the fullest extent." 

"Colonel Doniphan : — In the name of the ladies 
who surround me, I bestow on you this laurel wreath — 
in every age and every clime, the gift of beauty to valor. 
In placing it on the brow of him who kneels to receive 
it, I place it on the brow of all who followed where so 
brave, so dauntless a commander, led. It is true that 
around the. laurel wreath is twined every association of 
genius, glory and valor, but I feel assured that it never 
was placed on a brow more worthy to receive it than 
his on which it now rests— THE HERO OF SACRA- 
MENTO." 

Alexander William Doniphan was born on the 9th 
day of July, 1808, in Mason county, Kentucky. There 
his tender years were spent and his youthful mind re- 
ceived its first impressions. Amidst Kentucky's wild, 



120 THE MILITARY OCCUPATION 

romantic mountain scenery, his young faculties de- 
veloped, unfolded and expanded. Here he learned 
sentiments of honor, honesty and patriotism. He was 
a great admirer of the patriots of the American 
Revolution. He was educated at a college located at. 
Augusta, Kentucky, conducted by the Methodist Epis- 
copal Church and graduated in his 19th year with high 
honors. He read law under Martin Marshall and 
finally moved to the state of Missouri and located at 
Lexington, removing later to Liberty, in Clay county, 
about twelve miles from Kansas City. His success at 
the bar was almost unexampled. 

<'<>lonel Doniphan, in 1838, -held the office of 
Brigadier General of militia, and in that year was in 
command of a brigade belonging to the division of 
Major Genera] Lucas, operating against the Mormons, 
who were creating disturbances in the Far West, led 
by their great Prophet, Joseph Smith. Military prep- 
arations were being actively pushed forward by the 
Prophet to meet the emergency and General Doniphan 
rendered important service in overawing the insurgent 
forces and quelling the disturbances without bloodshed. 
This was his first campaign. His biographers say 
that 38 in all the relations of his social life, and his 
public career as well, his conduct was most exemplary. 
In all his dealings he was just and honorable. He was 
most interesting and fluent in conversation ; his manner 
and deportment were most prepossessing, and, as an 
orator, he had wonderful and shining powers. His 
air was commanding, his language full and flowing, his 
gestures graceful, his enunciation distinct, his voice 
sonorous, his arguments convincing and his mind clear 



"Hughes and Allen. 



OP THE TERRITORY OF NEW MEXICO. 121 

and comprehensive. His was a great imagination. It 
was not only brilliant but dazzlingly brilliant, vivid 
and strong, and when excited the tide of his eloquence 
was almost irresistible. In stature he was six feet and 
four inches, well proportioned, dignified and gentle- 
manly in his manners. His features were bold, his eye 
keen and expressive and his forehead massive. No 
fitter man could have been chosen by the volunteers for 
the command of the regiment. It was his sagacity that 
planned, his judgment that conducted and his energy 
and bravery, together with that of his officers and men, 
that accomplished the most wonderful campaign of any 
age or country. It was done without an outfit, without 
money, almost without ammunition, by a citizen-com- 
mander of citizen soldiers. The history of this expedi- 
tion is his monument. His deeds will ever live to 
praise him. He died at Richmond, Missouri, August 
8, 1887, beloved by all who knew him. 



CHAPTER IV. 

1. General Price in Command at Santa Fe. 2. The Archuleta 
Conspiracy. 3. The Taos Revolution. 4. -The Killing of 
Governor Bent. 5. The Battles of Canada, Embudo, Taos 
and Mora. 6. The Leaders Are Tried by Court-martial 
and Hanged. 7. Fight with Indians at Red River Canyon. 
8. Fight at Las Vegas; the Town Is Burned. 9. Indian 
Fight at Arroyo Hondo. 10. Fr. Antonio Jose Martinez. 
1. Legislature Under Military Rule; Governor Vigil. 

12. Differences Between Military and Civil Authorities. 

13. Formation of Territory of New Mexico. 

Upon the departure of Colonel Doniphan and his 
command for the Chihuahua campaign, Colonel Ster- 
ling Price, afterwards commissioned a Brigadier Gen- 
eral, and later Governor of Missouri and a Major Gen- 
eral in the Confederate army, in the war between the 
States, assumed command at Santa Fe\ About the 
ist of December following the departure of Doniphan 
some very distinguished native citizens of New Mex- 
ico began to hold secret cabals, plotting the overthrow 
of the existing government. These revolutionists had 
been prominent in the affairs of New Mexico during 
the rule of Armijo and longed for return to power 
and authority. The leaders of this revolution were 
Don Tomas Ortiz, who aspired to become governor, and 
Don Diego Archuleta, who had been nominated as com- 
manding general. Many other prominent men, of 
great and restless ambition, joined in the plot, among 
whom, it has been declared, was the priest, Fr. An- 
tonio Jose Martinez, of Taos. 

The 19th of December, at midnight, was the time 
first fixed for the revolt, which was to be simultaneous 
throughout the department. Owing to a want of com- 



MILITARY OCCUPATION OF NEW MEXICO. 123 

plete organization, the conspiracy not yet having fully 
matured, the commencement of the revolution was sus- 
pended until the evening of the 24th of December, 
when it was believed the chances for the successful 
capture of the city of Santa Fe' and its garrison would 
be better. It was believed that Christmas evening was 
a most favorable time, for the reason that the soldiers 
Avouid be indulging in wine in the resorts of the city 
and would be taken unarmed. Every American, with- 
out distinction, throughout the entire department, and 
such natives as had favored the American government 
and accepted office under General Kearny, were to be 
massacred and the reins of government seized. This 
revolution, however, failed, owing to the vigilance of 
Colonel Price, his officers and men. The leaders fled, 
some south to Chihuahua and others to the mountains 
of Rio Arriba. The rebellion was immediately sup- 
pressed. 

But the leaders of this revolution were men of 
restless and unsatisfied ambition. They remained in- 
active only a brief period. A second and still more 
dangerous revolution was plotted. Some of the most 
powerful and dangerous men in the department are 
known to have favored the design. The experience de- 
rived from the failure of the first brought about the 
most profound secrecy in the formation of the plans 
for the second. Upon the surface everything through- 
out the department was quiet and yet the machina- 
tions of the revolutionists were daily gaining strength. 
Even the priests gave counsel. The people everywhere, 
in the towns, villages and settlements began to arm 
and equip themselves unknown to the military authori- 



124 THE MILITARY OCCUPATION 

ties, and on the 19th of January, 1817, the rebellion 
broke out in several parts of New Mexico. 

THE TAOS REVOLUTION KILLING OF GOVERNOR BENT. 

On the 11th of January, Governor Charles Rent 
had left Santa F6" to visit Taos and five days later he 
was foully assassinated in his own residence in that 
village. 

Governor Bent, it seems, was aware of the dis- 
content which prevailed among certain leaders and 
classes of the people, for, subsequent to the first con- 
spiracy, he issued, as governor, a proclamation, among 
other things declaring: 

"You are now governed by new statutory laws and 
you also have the free government promised to you. 
Do not abuse the great liberty which is vouchsafed 
you by it, so you may gather the abundant fruits which 
await you in the future. Those who are blindly op- 
posed, as well as those whose vices have made them 
notorious, and the ambitious persons who aspire to the 
best offices, also those persons who dream that man- 
kind should bow to their whims, having become satis- 
fied that they cannot find employment in the offices 
which are usually given to men of probity and hon- 
esty, exasperated (Thomas Ortiz and the old revolu- 
tionist, Diego Archuleta) have come forth as leaders 
of a revolution against the present government. They 
held a meeting in this Capital about the middle of last 
month, which was also attended by some foolish and 
imprudent men who were urged to follow the standard 
of rebellion. Their treason was discovered in time 
and smothered at its birth. Now they are wandering 
about and hiding from the people, but their doctrines 
are scattered broadcast among the people, thereby 



OF THE TERRITORY OP NEW MEXICO. 125 

causing uneasiness, and they still hold to their ruinous 
plans. * * * There is still another pretext with 
which they want to alarm you and that is the false- 
hood that troops are coming from the interior in order 
to re-conquer the country. What help could the de- 
partment of Chihuahua, which is torn by factions and 
reduced to insignificance afford you? Certainly none. 
* * * I urge you to turn a deaf ear to such false 
doctrines and to remain quiet, attending to your do- 
mestic affairs, so that you may enjoy under the law, 
all the blessings of peace, and by rallying around the 
government, call attention to the improvements which 
you deem material to the advancement of the country 
and that by so doing you may enjoy all the prosperity 
which your best friend wishes you/' 

While he knew of the discontent prevailing, Gov- 
ernor Bent was in no wise alarmed for his personal 
safety. The native people had always professed the 
warmest admiration and friendship for him, and his 
treatment of them was of the most cordial and gener- 
ous kind. 

Governor Bent misjudged the people and under- 
estimated the influence of the treacherous men who 
professed to be his friends. Early on the morning of 
the 19th of January, the insurrectionists, under the 
leadership of Pablo Montoya and a Taos Indian, 
known as Tomasito, entered the city, joined the resi- 
dent members of the revolutionary movement and be- 
gan the attack. They destroyed the houses of the resi- 
dent Americans. The Indians, under the leadership 
of Tomasito, visited the home of Governor Bent, and, 
firing through the door, while engaged in conversation 
with him, wounded him in the chin and stomach. The 




Old Church at Taos, N. M. 



MILITARY OCCUPATION OP NEW MEXICO. 127 

door was broken down and the Indians filled Ms body 
with arrows, three of which the prostrate governor 
pulled from his face before he was killed. His wrists 
and hands were slashed with knives and axes. Amidst 
the fiendish yells of the Indians, he was scalped, while 
yet alive, and afterwards his head was hacked from 
his body. Immediately after the killing of Governor 
Bent, the remaining Americans hid themselves as best 
they could. Pablo Jaramillo, the brother of Mrs. Bent, 
and Narcisco Beaubien, a son of Charles Beaubien, 
buried themselves in the straw of a stable near by, but 
were discovered and their bodies pierced through with 
lances. Among others who were massacred were Louis 
Lee, the acting sheriff of the county, Cornelio Vigil, 
prefect and probate judge, and J. W. Leal, circuit at- 
torney. Leaving Taos, the insurrectionists proceeded 
to the Arroyo Hondo, where they destroyed a distillery 
and killed Jesse Turley and six other Americans. 39 

While these bloody scenes were being enacted in 
Taos and at the Arroyo Hondo, similar attacks were 
made upon Americans in other parts of the Territory. 
Seven were killed at Mora. 40 These were Santa F6 
traders, the most prominent of whom was Lawrence 
L. Waldo, of Westport, Missouri, father of Henry L. 
Waldo, of Las Vegas. Mr. Waldo had been engaged 
in trade for several years and had made several trips 
over the Santa F^ Trail. Like Governor Bent, he was 
respected and liked by the masses of the Mexican peo- 
ple and by the Indians. He was just entering Mora 
with his companions, in charge of a caravan, ignorant 



39 Hughes' Doniphan's Expedition, page 393. 
■"'Hughes' Doniphan's Expedition — Culver, Noyes and 
others. 



128 THE MILITARY OCCUPATION 

of the fact that a revolution had been started, when 
all were shot from ambush and killed. When the news 
reached Las Vegas, a detachment of troops was sent 
to Mora, which returned with the bodies of the mur- 
dered men, and later they were buried in the cemetery 
on the hill west of the present old town of Las Vegas. 

GENERAL PRICE STARTS FOR TAOS. RATTLES OF CANADA, 
EMBUDO AND TAOS. 

As soon as Colonel Price learned of the massacre of 
Governor Bent and his retinue, word having been 
brought to him by a brother of the sheriff, who had lost 
his life with Bent, he left for Taos with a strong force. 

The insurgents were assembled in force near the 
present village of Santa Cruz, twenty-five miles north 
of Santa Fe. under Generals Ortiz and Montoya, with a 
view of making an assault upon the Capital. Colonel 
Price met them at Canada, the enemy numbering about 
two thousand men. The American force consisted of 
four hundred and eighty men and four pieces of ar 
tillery, mountain howitzers. The insurgents were 
posted on both sides of the main road to Taos, occupy- 
ing the hills. A sharp fire from the howitzers was di- 
rected against the enemy, but with little effect, where 
upon Colonel Price ordered Captain Angne} r to charge 
the hill, which was gallantly done, being supported by 
Captain St. Vrain with a company of citizen soldiers. 
The conflict continued until sundown. The American 
loss was two killed and seven wounded. The insurgent 
loss was thirty-six killed and forty-five taken prisoners. 
The insurgents retreated toward Taos. The enemy was 
hotly pursued by Price and was again encountered at 
Embudo, where he was discovered in the thick piiion 
and cedar thickets which lined the road side. A charge 



OF THE TERRITORY OF NEW MEXICO. 129 

was ordered and was made by three companies under 
Captain Burgwin and Captain St. Vrain and Lieuten- 
ant White, resulting in the total route of the insurgents. 

The march was resumed the following day and no 
opposition was had until the third day of February, at 
which time Price arrived at the Pueblo of Taos, where 
he found the insurgents strongly fortified. A few 
rounds were fired by the artillery that evening, but was 
soon discontinued on account of its ineffectiveness. 

General Price gives a very vivid description of the 
battle of Taos ; it is as follows : — "Posting the dragoons 
under Captain Burgwin about two hundred and sixty 
yards from the western flank of the church, I ordered 
the mounted men under Captains St. Vrain and Slack 
to a position on the opposite side of the town, whence 
they could discover and intercept any fugitives who 
might attempt to escape toward the mountains or in 
the direction of San Fernando. The residue of the 
troops took ground about three hundred yards from the 
north wall. Here, too, Lieutenant Dyer established 
himself with the six-pounder and two howitzers, while 
Lieutenant Hassendaubel, of Major Clark's battalion, 
light artillery, remained with Captain Burgwin, in com- 
mand of two howitzers. By this arrangement a cross- 
fire was obtained, sweeping the front and eastern flank 
of the church. All these arrangements being made, the 
batteries opened upon the town at nine o'clock a. m. 
At eleven o'clock, finding it impossible to breach the 
walls of the church with the six-pounders and the 
howitzers, I determined to storm the building. At a 
signal Captain Burgwin, at the head of his own com- 
pany and that of Captain McMillin, charged the 
western flank of the church, while Captain Angney, in- 



MILITARY OCCUPATION OP NEW MEXICO. 131 

fantry battalion, and Captain Barber and Lieutenant 
Boon, Second Missouri Mounted Volunteers, charged 
the northern wall. As soon as the troops above men- 
tioned had established themselves under the western 
wall of the church, axes were used in the attempt to 
breach it, and a temporary ladder having been made, 
the roof was fired. About this time Captain Burgwin, 
at the head of a small party, left the cover afforded by 
the flank of the church, and, penetrating into the corral 
in front of that building, endeavored to force the door. 
In this exposed situation Captain Burgwin received a 
severe wound, which deprived me of his valuable serv- 
ices, and of which he died on the 7th instant. Lieu- 
tenants Mcllvane, First United States Dragoons, and 
Royall and Lachland, Second Regiment Volunteers, 
accompanied Captain Burgwin into the corral, but the 
attempt on the church door proved fruitless, and they 
were compelled to retire behind the wall. In the mean- 
time small holes had been cut in the western wall, and 
shells were thrown in by hand, doing good execution. 
The six-pounder was now brought around by Lieutenant 
Wilson, who, at a distance of two hundred yards 
poured a heavy fire of grape into the town. The enemy, 
during all this time, kept up a destructive fire upon our 
troops. About half-past three o'clock the six-pounder 
was run up within sixty yards of the church, and after 
ten rounds, one of the holes which had been cut with 
the axes was widened into a practicable breach. The 
storming party, among whom were Lieutenant Dyer, 
of the ordnance, and Lieutenants Wilson and Taylor, 
First Dragoons, entered and took possession of the 
church without opposition. The interior was filled with 
dense smoke, but for which circumstance our storming 



132 THE MILITARY OCCUPATION 

party would have suffered great loss. A few of the 
enemy were seen in the gallery, where an open door 
admitted the air, but they retired without firing a gun. 
The troops left to support the battery on the north side 
were now ordered to charge on that side." 

"The enemy then abandoned the western part of 
the town. Many took refuge in the large houses on the 
east, while others endeavored to escape to the moun- 
tains. These latter were pursued by the mounted men 
under Captains Slack and St. Vrain, who killed fifty- 
one of them, only two or three men escaping. It was now 
night, and our troops were quietly quartered in the 
house which the enemy had abandoned. On the next 
morning the enemy sued for peace, and, thinking the 
severe loss they had sustained would prove a salutary 
lesson, I granted their supplication on the condition 
that they should deliver up to me Tomas, one of their 
principal men, who had instigated and been actively 
engaged in the murder of Governor Bent and others. 
The number of the enemy at the battle of Pueblo de 
Taos was between six and seven hundred, and of these 
one hundred and fifty were killed, wounded not known. 
Our own loss was seven killed and forty-five wounded ; 
many of the wounded have since died." 

In this battle fell Captain Burgwin, than whom a 

braver soldier or better man never poured out his blood 

in the cause of his country. The total loss of the in 

surgents in the three engagements was two hundred 

and eighty-two. The American loss was fifteen killed 

and forty-seven wounded. 41 

41 Hughes' Doniphan's Expedition and official report of 
Col. Price. The killed were Captain Burgwin, Lieutenant 
Van Valkenburg; sergeants Caldwell, Rose and Heart; pri- 
vates Graham, Smith, Papin, Bower, Brooks, Levicy, Han- 
suker, Truax, Austin and Beebe. 



OF THE TERRITORY OP NEW MEXICO. 133 

After the battle the leading spirits in the insurrec 
tion were captured and placed in prison awaiting trial, 
but a dragoon, named Fitzgerald, shot Toniasito, killing 
him instantly. On the 6th, Montoya, who had styled 
himself the "Santa Ana of the North," was tried by 
court-martial and sentenced to be hung, which was 
done in the presence of the army, along with fourteen 
others. 42 

The home of Fr. Antonio Jose Martinez was gen- 
erally regarded as the headquarters for the insurrec- 
tionists prior to the uprising and until after the assassi- 
nation of Governor Bent. His power over his parish- 
ioners was absolute and his hatred of Americans and 
American institutions was recognized by all. This fact 
was regarded by such men as Governor Bent, Colonel 
St. Vrain and Col. Kit Carson 43 as ample proof of his 
complicity in the revolution. His brother, Captain Pas- 
cual Martinez, had been in command of a company of 
soldiers under Governor Armijo, prior to the coming 
of General Kearny, and there are persons still living 
who are authority for the statement that he actively 
participated in the uprising at the instigation of his 
brother, the priest. 

Governor Bent was a native of Virginia, having 
been born in Charleston, in 1797. His father was of 
English ancestry; his mother was part French. He 
was a verv highly educated man and Graduated from 



42 The court-martial consisted of six officers — Captains 
Angney, Barbee and Slack; Lieutenants Ingalls, White and 
Eastin, the last named being Judge-Advocate of the Court. 

43 Col. Carson was not in this battle, although his home 
was in Taos; at the time he was in California with Kearny, 
having been a scout under him in his march from the Gila 
river to San Diego, California. 



131 MILITARY OCCUPATION OP NEW MEXICO. 

the United States Military Academy at West Point. 
He resigned from the army and engaged in mercantile 
pursuits at St. Louis, Missouri. In 1829 he left for the 
Far West over the Santa Fe Trail, looking for a loca- 
tion for the establishment of business. For some time 
lie was with his brother at Bent's Fort, on the Arkan- 
sas, and, in 1832, came to Santa F6, where, with his 
brothers, William and George, he established a general 
merchandising business. He was afterwards a busi- 
ness partner with Colonel Ceran St. Yrain, which con- 
liiuied until the death of Governor Bent. 

Governor Bent married Maria Ignacia Jaramillo, 
a daughter of Don Francisco and Apolonia (Vigil) 
Jaramillo, who died in Taos, April 13, 1883. Mrs. 
Bent's sister, Josefa Jaramillo, was the wife of Chris- 
topher — Kit — Carson. 11 is headless remains are buried 
in the National cemetery at Santa Fe\ 

Fr. Antonio Jose Martinez, who was regarded by 
niany as one of the chief authors of the revolution, was 
one of the most remarkable men ever identified with 
the history of New Mexico. He was born in the county 
of Bio Arriba, in 1793, and was a grandson of General 
Martinez, who came from Chihuahua in the early part 
of the seventeenth century. His opposition to Ameri- 
cans and their institutions was made manifest in many 
ways. He realized that the coining of the American 
was a death blow to his pow T er and prestige in the 
country and he is said to have used all his power to 
incite a sentiment of suspicion and distrust of the 
American people. He was acknowledged to be one of 
the most brilliant men of his time in New Mexico. 
No one, except those who were actually engaged as 
principals in the insurrection, knew positively just 




Father Antonio Jose Martinez. 



C^?t^ 



y. '"VVucJct 




136 MILITARY OCCUPATION OF NEW MEXICO. 

what part Fv. Martinez took in the uprising. He was 
a very crafty man and the American authorities never 
could affirmatively fix upon him any active participa- 
tion, although in later years there were many native 
citizens, who had been identified with the movement, 
who did not hesitate to declare that they had been 
guided by his counsel and advice. He died at Taos, 
July 27, 1867, and is buried in the cemetery at that 
place. 

BATTLE AT MORA. 

Immediately after the killing of Governor Bent, 
news of the fact was brought to Captain Hendley, who 
was in command of a grazing detachment of the army 
on the Pecos river. He learned that the insurgent 
forces were gathering near Las Vegas. In a short time 
he was joined by various detachments of the army and 
marched on the City of the Meadows, which he at once 
occupied. 

Leaving the greater part of his force at Las Vegas, 
with eighty men, Captain Hendley started for Mora, 
where he learned that the insurgents had gathered 
a force of two hundred men. He arrived at Mora on 
the 24th. A general engagement ensued, the insurgents 
retreating and firing from windows in the houses of 
the village. A large body of insurgents had taken 
possession of an old fort and commenced to fire upon 
the Americans. Hendley charged the fort and was in 
possession of a small apartment, and was making 
ready to fire it, when he was struck by a ball from an 
adjoining room and died immediately. The Americans, 
having no artillery, retired with a loss of one killed 
and three wounded. The insurgent loss was twenty- 
five killed and seventeen taken prisoners. 



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138 THE MILITARY OCCUPATION 

On the first of February, the death of Hendley as 
well as that of Messrs. Waldo, Noyes, Culver and 
others was avenged by Captain Morin and his men by 
the complete demolition of the village of Mora. The 
insurgents fled to the mountains. 

The battles of Canada. Embudo, Taos and Mora, 
in all of which the insurgents were defeated with heavy 
loss, suppressed the insurrection and once more quiet, 
law and order were restored. A military force was 
left at Taos by Colonel Price under command of Cap- 
tain Angney. Price returned to Santa F£, where he 
continued to discharge the civil and military functions 
of the territory. The energy and ability displayed by 
Colonel Price in the suppression of this rebellion were 
most commendable; in two weeks all was over; the 
leaders were executed after trial on a charge of trea- 
son; the insurgent armies dispersed; the people re- 
lumed from the hills to their homes, their daily avoca- 
tions were resumed and peace and harmony were at 
once restored, to the great satisfaction of the masses 
of the people. The plans that had been laid for the 
uprising were far more extensive than anyone had 
believed possible. They covered the entire territory 
from Taos to El Paso, and were known even to the 
City of Mexico, for, in a letter to General Santa Ana, 
from that city, dated nearly three months after the 
killing of Governor Bent, the General is advised that 
"Intelligence has been received from New Mexico of 
certain Sicilian vespers which the inhabitants have 
enacted upon the Yankees there. Being no longer dis- 
posed to submit to the extortions exacted, they fell- 



OF THE TERRITORY OF NEW MEXICO. 139 

upon them simultaneously, and had killed even to the 
general, who was there with the Yankees. 44 

At a term of court held by Judge Houghton at 
Santa Fe" immediately following the return of Colonel 
Price from Taos, several indictments for treason were 
presented. The accused men were mostly residents of 
Taos county. Prior to the conflict which resulted in 
the killing of Governor Bent, a circular letter had been 
sent out, dated January 20, 1847, by Jesus Tafolla, and 
countersigned by Antonio Maria Trujillo, addressed to 
the several native military commanders, which urged 
them to rebellion in the following words : 

"To the Defenders of Their Country: With the 
end to shake off the joke bound on us by a foreign 
government, and as you are Military Inspector Gen- 
eral appointed by the Legitimate Commander for the 
Supreme Government of Mexico, which we proclaim in 
favor of : The moment you receive this communication, 
you will place in readiness all the companies under 
your command, keeping them ready for the 22d day of 
this month, so that the forces may be, on the day men- 
tioned, at that point. Take the precaution to observe 
if the forces of the enemy advance any toward these 
points, and if it should so happen, appoint a courier 
and despatch him immediately, so that exertions may 
be doubled, understanding that there must not be re- 
sistance or delay in giving the answer to the bearer 
of this official document." 

These dispatches were accompanied by orders read- 
ing as follows : "By the order of the Inspector of 
Arms, Don Antonio Maria Trujillo, I herewith s?nd 



44 Letters of J. P. De Mora to Gen. Santa Ana — Ex. Doc. 
No. 60, page 1088. 



110 THE MILITARY OCCUPATION 

you this dispatch (or order) that the moment this 
comes to hand you will raise all the forces, together 
with all the inhabitants that are able to bear arms, 
connecting them also with persons in San Juan de Los 
Caballeros, by to-morrow, counting from the 22d day 
of the present month, and not later than eight o'clock 
in the morning. 

"We have declared war with the American and it 
is now time that we shall all take our arms in our 
hands in defense of our abandoned country. 

"You arc held responsible for the execution of the 
above order. 

"JUAN ANTONIO GARCIA, 

"Sor. So. Dn. Pedro Vigil." 

The indictment against Trujillo, drawn by Hon. 
Frank P. Blair, Jr., United States Attorney, appointed 
by General Kearny, reads as follows: 45 

"United States of America. ) 

• {• ss. 

TERRITORY OF NEW MEXICO, ) 

"In the United States District Court, at the March 
Term, 1847. 
''The Grand Jurors for the district of New Mexico, 
on the part of the United States of America, on their 
oaths, present that Antonio Maria Trujillo, of the 
County of Taos, in the Territory of New Mexico, being 
a citizen of the United States of America, but disre- 
garding the duty of his allegiance to the government of 
the United States aforesaid, and wholly withdrawing 
the allegiance, duty and obedience which every true 
and faithful citizen of the said government and of 
right ought to bear toward the said government of the 



"Records in office District Court, Santa Fe, N. M. 



OP THE TERRITORY OF NEW MEXICO. 141 

United States, on the 20th day of January, in the 
year 1847, and on divers other days, as well before as 
after, with force and arms, at the county aforesaid 
and territory aforesaid, together with divers other false 
traitors, to the jurors, aforesaid, unknown, did, then 
and there, maliciously, wickedly and traitorously levy 
war against the government of the United States of 
America, and did then and there maliciously and 
traitorously endeavor and attempt to subvert the laws 
and constitution of the government, to the evil example 
of all others in like cases offending, and against the 
peace and dignity of the government of the United 
States * * *."• 

Trujillo was tried before Judge Houghton and 
promptly found guilty. The sentence imposed by the 
court is worthy of a place in this connection, as it is the 
only sentence of the kind passed by any court in the 
history of New Mexico. The record at Santa ~F6 shows 
the sentence to have been in the following words: 48 

"Antonio Maria Trujillo : — A jury of twelve citi- 
zens, after a patient and careful investigation, pending 
which all the safeguards of the law, managed by able 
and indefatigable counsel, have been afforded you, have 
found you guilty of the high crime of treason. What 
have you to say why the sentence of death should not 
be pronounced against you? 

"Your age and gray hairs have excited the sym- 
pathy of both the court and the jury. Yet, while each 
and all were not only willing but anxious that you 
should have every advantage placed at your disposal 
that their highly responsible duty under the laws to 



4,! Court records, Santa Fe District Court, date March 16, 

1847. 



142 MILITARY OCCUPATION OF NEW MEXICO. 

their country would permit, you have been found 
guilty of the crime alleged to your charge. It would 
appear that old age has not brought you wisdom, nor 
purity, nor honesty of heart. While holding out the 
hand of friendship to those whom circumstances have 
brought to rule over you, you have nourished bitterness 
and hatred in your heart. You have been found second- 
ing the acts of a band of the most traitorous murderers 
that ever blackened with the recital of their deeds the 
annals of history. ZS'ot content with the peace and 
security in which you have lived under the present 
government, secure in all your personal rights as a 
citizen, in property, in person, and in your religion, 
you gave your name and influence to measures intended 
to effect universal murder and pillage, the overthrow 
of the government and one widespread scene of blood- 
shed in the land. For such foul crimes an enlightened 
and liberal jury have been compelled, from the evi- 
dence brought before them, and by a sense of their 
stern but unmistakable duty, to find you guilty of 
treason against the government under which you are a 
citizen. And there only now remains to the court the 
painful duty of passing upon you the sentence of the 
law, which is that you be taken from hence to prison, 
there to remain until Friday, the 16th day of April 
next, and that, at two o'clock in the afternoon of that 
day, you be taken thence to the place of execution, and 
there be hanged by the neck till you are dead ! dead ! 
dead ! And may the Almighty God have mercy on your 
soul!" 

This trial and its outcome were made the subject- 
matter of a resolution passed by the congress of the 
United States calling upon President Polk to advise 




... 



144: THE MILITARY OCCUPATION 

congress whether any pei'sons had been tried and con- 
demned for "treason against the United States in that 
part of New Mexico lying east of the Rio Grande since 
the same has been in the occupancy of our army" and, 
if so, before "what tribunal," and "by what authority 
of law such tribunal was established." 

In response to this request, President Polk said: 
4V "It appears that after the territory in question was 
'in the occupancy of our Army' some of the conquered 
Mexican inhabitants, who had at first submitted to 
our authority, broke out in open insurrection, murder- 
ing our soldiers and citizens and committing other 
atrocious crimes. Some of the principal offenders who 
were apprehended were tried and condemned by a 
tribunal invested with civil and criminal jurisdiction, 
which had been established in the conquered country 
by the military officer in command. That the offenders 
deserved the punishment inflicted upon them there is 
no reason to doubt, and the error in the proceedings 
against them consisted in designating and describing 
their crimes as 'treason against the United States.' 
This error was pointed out, and its recurrence thereby 
prevented, by the Secretary of War, in a dispatch to 
the officer in command in New Mexico, dated on the 
26th day of June, 1847." 

There is doubt as to the authority to try and con- 
demn Trujillo for "treasonable" acts. The error con- 
sisted in the manner in which it was done. In the 
prosecution of the war with Mexico, the United States 
had the right, by conquest and military occupation, 
to exercise rights of sovereignty over it. The sov- 
ereignty of Mexico was suspended and the laws of 



'Message of President Polk, July 24, 1848. 



OF THE TERRITORY OF NEW MEXICO. 145 

Mexico could not be rightfully enforced over the con- 
quered territory or be obligatory over its inhabitants, 
who remained and submitted to the authority of our 
government. By the surrender the inhabitants at 
least passed under a temporary allegiance and were 
bound by such laws and such laws only as the United 
States saw fit to recognize and impose. From the 
nature of the case no other laws could be obligatory 
upon them, for where there is no allegiance or pro- 
tection or sovereignty there can be no claim to 
obedience. 4S 

The only affairs occurring during the year 1847, in 
which the military took an important part, were those 
at Red River Canon, about 180 miles from Santa Fe, 
where Major Edmonson, with a detachment of two 
hundred men, was vigorously attacked by a large force 
of Indians, estimated to have been about five hundred 
in number. In the engagement the American loss was 
one killed and several wounded. 

In the month of June, Lieutenant Brown and two 
private soldiers were killed near Las Vegas and the 
bodies of the enlisted men burned. Major Edmonson 
determined to punish the men who committed these 
murders and marched upon the town with a small 
force of cavalry, leaving the infantry and artillery to 
follow. On reaching the Gallinas, he divided his force 
into two parties, under command of Captains Hollo- 
way and Horine, and charged the place on the right 
and left of the plaza. In less than fifteen minutes 
many Mexicans were slain, the fugitives captured and 
the town with fifty prisoners taken. The dead body 
of Lieutenant Brown, having the cross suspended from 



+s Debates in Congress, 1848. 



140 THE MILITARY OCCUPATION 

bis nock, was found secreted in the rocks west of the 
plaza. The clothes, guns, sabres, pistols and bowie 
knives of the murdered soldiers were discovered se- 
creted in various houses. The greater portion of the 
town was reduced to ashes, only a sufficient number 
of houses being left to shelter the women and children. 
The mills, a few miles from the town, which belonged 
to the alcalde, Juan de Dios Maes, were also destroyed. 
The prisoners, by order of Colonel Price, were con- 
veyed to Santa Fe. where they were tried before a 
court martial and six of them sentenced to death. 
This sentence was carried out on the 3rd day of August 
in the presence of the army. 

On July 9th a detachment of thirty-one men, be- 
longing to Captain Morin's company, stationed about 
18 miles from Taos, was furiously attacked two hours 
before daylight by two hundred Mexicans and Pueblo 
Indians. Five Americans were killed and nine 
wounded. 41 '. The loss id' the enemy was never ascer- 
tained. 

As before stated, the government established by 
General Kearny, had the instructions given to him by 
the Secretary of War been carried out, should have 
been of a character purely military, with the right to 
perform only such civil duties as were necessary to 
the full enjoyment of the advantages resulting from 
the conquest and to the due protection of the rights 
of all persons and the property of the people. 50 

In the latter part of 1817 it became very patent 
to all that the jurisdiction of the courts established by 



49 The killed were Lieut. Larkin, W. Owens, J. A. Wright, 
W. S'. Mason and Wilkinson. 

50 Letter to General Kearny from W. L. Marcy, Sec. of 
War — Ex. Doc. No. 60, page 179. 



OF THE TERRITORY OF NEW MEXICO. 147 

Kearny was very limited, particularly when any con- 
flict arose between the civil and military authorities. 
The citizens of the "territory were not aware of the 
position of the administration at Washington relative 
to the rights of the United States over the territory 
and its people. 

As late as October 20, 1847, nearly a year after 
the message of President Polk to the congress of the 
United States, in which he approved only a part of the 
official acts of General Kearny, as declared in his 
proclamation, in the giving of the code of laws and 
the making of civil appointments, a periodical pub- 
lished at Santa Fe at that time, in a long editorial 
upon the existing state of affairs, says : 51 "Recently 
the American citizens here have seen the powers prop- 
erly falling under the jurisdiction of the civil tribunals 
arrogated by the military, bringing the former into 
contempt and disrepute, and that there is in effect 
only the form of a civil government in the territory, 
and that for all practical purposes it is paralyzed and 
ineffectual. This being the state of things, the will 
of the commanding officer is the law. The citizens 
here are not aware that the laws framed and estab- 
lished by General Kearny and confirmed by the presi- 
dent have been revoked. They wish to know whether 
the organic laws of General Kearny are still in full 
force, or whether they have been revoked. They wish 
to know whether this has been done by the order of 
the President or not. Why call together a legislative 
body, if its acts may be annulled and made void by the 
will or caprice of a commanding officer? Why frame 
laws, if the order of a commanding officer is para- 



D1 Editorial, Santa Fe Republican, Oct. 20, 1847. 



148 THE MILITARY OCCUPATION 

mount? Why have judges and courts if they can only 
act at the pleasure of the military authorities ?" 

A grand jury, 52 duly sworn and empaneled by 
Judge Houghton, the presiding judge of the court 
sitting at Santa F£, in its report of matters before it 
during the October Term, 1847, very pertinently says: 
"They have found the honorable court which they now 
address has virtually acknowledged the existence of 
a superior authority by refusing to issue a writ of 
habeas corpus in behalf of a citizen. They have also 
found that the settlement of civil contracts has been 
arrogated by another authority than the regularly ap- 
pointed civil courts; that the military commander has 
been the self -constituted judge and jury of a case 
which concerned his own private interests. They rec- 
ommend that the civil authorities request from the 
military that, when a citizen is arrested for any offense 
against the existing statutes of the territory, he be 
handed over for trial to them." 

This grand jury report is significant. No copy of 
it is found in the court records, but the newspaper, in 
which it was published, is on file in the records of the 
Historical Society of New Mexico. The conclusion is 
inevitable that in the disposition of matters involving 
violations of the criminal code, Judge Houghton had 
very little to say, particularly if the commanding offi- 
cer thought best to exercise his authority. The learned 
judge was not a member of the legal profession when 
Kearny clothed him with the judicial ermine, neither 
was Otero or Beaubien, but it does not require a law- 
yer to ascertain that Judge Houghton's stock of good 



"Report of Grand Jury — tSanta Fe Republican, Oct. 20, 

1847. 



OP THE TERRITORY OP NEW MEXICO. 149 

common sense was great enough to cause a denial of a 
writ of habeas corpus rather than have a clash with 
the commanding officer, who, at that time, happened 
to be General Sterling Price. The judge, not learned 
in the law, evidently desired to continue dealing out 
justice, even though his jurisdiction was somewhat 
warped and hazy. The covert sarcasm of the word 
"request," as used by the grand jury in its report, 
shows beyond all question that, even with the so-called 
courts and other officials created by Kearny endeavor- 
ing to exercise their official functions, the real and 
supreme authority was the commanding general of the 
department. Judge Houghton evidently had some of 
the characteristics of a Solomon in declining to have 
a serious clash with an American General, who, when 
occasion required, saw fit to constitute himself a 
"judge and jury of a case which concerned his own pri- 
vate interests." 

LEGISLATURE AT THE TIME OP MILITARY OCCUPATION. 

On the 6th day of December, 1847, a so-called 
Legislative Assembly, under the military government, 
convened at Santa Fe\ Donaciano Vigil had been named 
governor, after the death of Bent. Governor Vigil was 
a native New Mexican and was born September 6, 1802. 
He had occupied a number of public positions, both 
civil and military, and enjoyed the confidence of the 
people. He had been active in expeditions against the 
Navajos in 1823, 1833, 1836 and in 1838. For more 
than four years he was the military secretary of the 
governor and was twice a member of the Departmental 
Assembly, and was an official of great experience. 

The address of Governor Vigil to the first legis- 
lative assembly forcibly demonstrates him to have been 



150 THE MILITARY OCCUPATION 

a man of marked ability. He bad been accustomed to 
methods and a system of government radically dif- 
ferent from tbose of tbe great republic whose protec- 
tion be was tben enjoying and to which, when Kearny 
came, he bad been among tbe first to render allegiance. 
He must have been well informed as to our institu- 
tions, or else in one short year be absorbed more than 
many of bis people have succeeded in attaining in the 
many years that have elapsed since that memorable 
occasion. His ideas of public education and the men- 
tal emancipation of his people are well worth consid- 
ering even to-day. On this subject Governor Vigil 
said: "If your government here is to be republican, 
if it is to be based upon democratic-republican prin- 
ciples, and if the will of the majority is to be one day 
the law of the land and the government of the people, 
it is evident, for this will to be properly exercised, the 
people must be enlightened and instructed. And it is 
particularly important in a country, where the right 
of suffrage is accorded and secured to all, that all 
should be instructed and that every man should be 
able to read to inform himself of the passing events 
of the day and of the matters interesting to his country 
and government. This is the age of improvement, both 
in government and society, and it more particularly 
becomes us, when commencing, as it were, a new order 
of things, to profit by and promote such improvements, 
and they can only be encouraged and promoted by dif- 
fusing knowledge and instruction among the people. 
The diffusion of knowledge breaks down antiquated 
prejudices and distinctions, introduces the people of 
all countries to a more intimate and attached acquaint- 



OP THE TERRITORY OF NEW MEXICO. 151 

ance, and is calculated to cultivate these sympathies 
among the masses in all nations which induce compari- 
son and insure improvement. The world at large is 
advancing, and how can we profit by the advance unless 
the people are educated? It is true that the available 
means which could be applied at present to the cause 
of education are small, but for the promotion of so 
desirable an object they might be both increased and 
economized. All that the legislature can do in the 
cause of education for the people is most earnestly 
pressed upon them and will meet with my hearty ap- 
proval and co-operation." 

This first session of a legislative assembly ever 
held in New Mexico under American control was or- 
ganized by the election of Don Antonio Sandoval as 
Speaker of the Legislative Council and Captain W. Z. 
Angney as Speaker of the House of Representatives. 
Ten acts were passed, among which were acts estab- 
lishing a University and raising funds for its support ; 
an act in relation to replevin; one regulating eject- 
ments, and one calling for a convention of delegates to 
meet in the City of Santa F6, in the month of Febru- 
ary, 1848. These laws all bear the approval of Gover- 
nor Vigil, and were also approved by the Military Com- 
mander, General Price, by special orders, as follows : 53 

"Headquarters, 9th Military Department, 
"Santa Fe", N. M., February 5, 1848. 
"The foregoing Legislative enactments of the Ter- 
ritory of New Mexico, having been duly reviewed by 



53 Pamphlet of Laws, Sess. 1847, in library of Frank 
Springer, Esq., Las Vegas, N. M. 



152 THE MILITARY OCCUPATION 

the Commanding' General of the Territory, they are 
hereby approved, and will be duly observed. 
''By order of the Brigadier General, 

''STERLING PRICE." 
"W. E. PRINCE, 

•A. D. C. & A. A. A. Gen." 

On the same day, the Commanding General, hav- 
ing become convinced that a Territorial Secretary, a 
United States District Attorney and a United States 
Marshal were unnecessary in the carrying on of the 
government, and without requesting the resignation of 
either of the officials named by General Kearny, abol- 
ished the offices by Special Order. By the same order 
he also decreed that an import duty of six per centum, 
ad valorem, should be levied upon all merchandise in- 
troduced into the Territory, and named the Territorial 
Treasurer as Collector of Customs on such imports, 
establishing sub-collectorships at the town of Taos, 
the town of San Miguel and the town of A T alencia. 

Licensed gambling houses were established by Gen- 
eral Price, by the same general order, the license being 
fixed at two thousand dollars per annum. 54 

Thus it will be seen that the government of New 
Mexico was essentially military in character and that 
everything in the way of law and order was strictly 
within the control of the commanding officer of the 
Military Department. This condition continued for 
two years after the signing of the treaty of Guadalupe 
Hidalgo. The commanders of the department succeed- 
ing General Price, who left New Mexico in the summer 



54 0rders No. 10, Gen. Price, commanding 9th Military De- 
partment. War Rec. Washington, D. C. Reports of General 
Sterling Price. 



OF THE TERRITORY OF NEW MEXICO. 153 

of 1848, were Colonel Newby, Major Beall, Major Wash- 
ington and Colonel John Munroe. 

In the month of February, 1848, General Price 
published an address to the members of the convention 
which was to be held in Santa F6 in the following Oc- 
tober, and which was provided for by the second Act 
passed by the general assembly of 1847. In that ad- 
dress General Price said : "You can now secure the 
protection of a government which imposes no bonds 
upon the conscience, which will protect you in the un- 
molested enjoyment of your personal, political and re- 
ligious rights, under the regulation of equal laws. In 
short, you have it in your power to secure for New 
Mexico all the rights and privileges of citizens under 
the freest government in the world. * * * And I 
express the hope that, in view of your serious and im- 
portant duties, the deliberations of the convention will 
be conducted with the strictest propriety and decorum ; 
and though the right freely and properly to express 
opinions should not be restricted, yet I desire all 
clearly to understand that seditious and indecorous 
language against the constituted military or civil au- 
thorities, calculated to inflame or excite the people 
against the government, my desire for the peace and 
welfare of the Territory will induce me immediately 
to notice. The utterers of such language will be held 
responsible and called to a strict account." 

The time for the holding of this convention had 
been set by the legislative assembly for the month of 
February. 1848, but it did not convene until the fol- 
lowing October, nearly four months after the signing 
of the Treaty of Guadalupe Hidalgo. When this treaty 
was executed many claimed that the military authority 



151 THE MILITARY OCCUPATION 

in New Mexico ceased to exist, but those in authority 
at Washington thought differently and claimed that 
the civil government established during the war must 
remain as a de facto government until the congress 
should provide a territorial organization. Meanwhile 
the military authorities continued to govern, although 
many efforts were made on the part of the new comers 
from the states to form a civil government, and secure 
recognition at the capital of the nation. These new 
settlers belonged to that class of restless Americans 
who opposed military rule in times of peace, and im- 
mediately they began striving for recognition as a ter- 
ritory. 

On the 10th of October the convention met and 
continued in session for four daj T s. Fr. Antonio Jose 
Martinez, of Taos, was chosen president, and James 
M. Giddings was made clerk. The convention accom- 
plished little more than the drawing up of a memorial 
to Congress. The memorial throws considerable light 
upon the thought and opinion of the clay and it is 
therefore reproduced in full. It follows: 

"Petition to Congress of the people of New Mexico 
by representatives in convention assembled: 

"We, the people of New Mexico, respectfully pe- 
tition Congress for the speedy organization of a ter- 
ritorial civil government. 

"We respectfully petition Congress to establish 
a government purely civil in its character. 

"We respectfully represent that the organic and 
statute law promulgated under military orders of Sep- 
tember 22, 1846, with some alterations would be ac- 
ceptable. 



OF THE TERRITORY OF NEW MEXICO. 155 

"We desire that the following offices be filled by 
appointment of the President, by and with the advice 
and consent of the Senate, the Governor, Secretary of 
State, Judges, United States Attorney and United 
States Marshal. 

"We desire to have all the usual rights of appeal 
from the courts of the territory to the Supreme Court 
of the United States. 

"We respectfully but firmly protest against the 
dismemberment of our territory in favor of Texas or 
from any cause. 

"We do not desire to have domestic slavery within 
our borders; and, until the time shall arrive for ad- 
mission into the union of states, we desire to be pro- 
tected by Congress against the introduction of slaves 
into the territory. 

"We desire a local legislature, such as is pre- 
scribed by the laws of New Mexico, September 22, 
1846, subject to the usual veto of Congress. 

"We desire that our interests be represented by 
a delegate admitted to a seat in Congress. 

"Considering that New Mexico has a population 
of from 75,000 to 100,000, we believe our request to be 
reasonable, and we confidently rely upon Congress to 
provide New Mexico with laws as liberal as those 
enjoyed by any of the territories. 

(Signed) Santiago Archuleta, 

Antonio J Martinez, James Quinn, 

Elias P. West, Manuel A. Otero, 

Donaciano Vigil, Gregorio Vigil, 

Francisco Sarracino, Ramon Luna, 

Juan Perea, Charles Beaubien, 

Antonio Sais, Jose Pley. 

Santa Fe\ October 14, 1848." 



156 THE MILITARY OCCUPATION 

The records of the debates in congress, the mes- 
sages of the president of the United States, all show 
that there was at this time, at Washington, an almost 
endless discussion of the true status of New Mexico. 
The petition from the people of the Territory accom- 
plished nothing, and, in the course of another year, 
a second convention was called, which met in Santa 
F£ in September, 1849. This convention adopted a 
plan of territorial government and urged its adoption 
by congress, and elected Hugh N. Smith as delegate 
to congress, but that body refused to admit him to a 
seat. 

To quote a contemporary writer, "About this time 
two opposite parties sprang up, one in favor of a state, 
and the other of a territorial form of government, 
which engendered a great deal of excitement and ill 
feeling. Several large public meetings were held by 
the respective parties at Santa Fe\ The agitation of 
a state government originated with the national ad- 
ministration. In the spring of 1849 James S. Calhoun 
went to New Mexico as Indian agent, but, upon his 
arrival, he declared that he had secret instructions 
from the government at Washington to induce the 
people to form a state government. The matter con 
tinued to be discussed without much effect in favor 
of the state until the spring of 1850, when Col. George 
A. McCall arrived from the states upon a mission 
like Calhoun's. He informed the people that no ter- 
ritorial government would be granted by Congress, 
and that President Taylor was determined that New 
Mexico should be erected into a state government, in 
order to settle the question of slavery and also that 



OP THE TERRITORY OF NEW MEXICO. 157 

of the boundary of Texas. The delegate in Congress, 
Mr. Smith, wrote home to the same effect." 55 

The President of the United States, Zachary Tay- 
lor, was in favor of the immediate admission of Cali- 
fornia and New Mexico as states. He advised the peo- 
ple of New Mexico to make application, being actuated 
by an earnest desire to give to Congress an opportunity 
of avoiding occasions of bitter and angry dissensions 
among the people of the entire country. In a message 
to Congress he asserted that "under the constitution 
every state has the right of establishing and, from time 
to time, altering, its municipal laws and domestic in- 
stitutions, independently of every other state and of 
the general government, subject only to the prohibitions 
and guaranties expressly set forth in the Constitution." 
He maintained that these subjects were left exclusively 
to the respective states, and were not designed to 
become subjects of national agitation, meaning the 
slavery question. That this question had arisen after 
the acquisition of all new territory, and that the excite- 
ment throughout the land, at former periods, upon this 
question, would again obtain, so far as California and 
New Mexico were concerned, until they were admitted 
as states or organized into territories, and that, under 
all the circumstances, he believed it his duty to put the 
matter before the congress, so that the admission of 
New Mexico and California as states would remove all 
occasion for the unnecessary agitation of the public 
mind. 56 

On the subject of the claims made by Texas to a 
very large portion of what is now New Mexico Presi 



5 W. H. H. Davis. 

"Message of President Taylor, January 4, 1850. 



158 THE MILITARY OCCUPATION 

dent Taylor was of the opinion that if the people of 
New Mexico had formed a plan of a state government, 
as ceded under the treaty of Guadalupe Hidalgo, and 
had been admitted as a state, the courts of the United 
States would have had jurisdiction in the matter of 
determining the boundaries, but inasmuch as New 
.Mexico had not been admitted, it was the duty of Con- 
gress to devise some method for the adjustment of the 
boundary question. He did not express an opinion 
upon, but submitted to congress, the question whether 
it would be most expedient before such adjustment to 
establish a territorial form of government for New 
.Mexico, which, by including the district claimed by 
Texas, would practically decide the claims of that state 
adversely to her. or. by excluding the district, would 
decide in her favor. President Taylor believed that 
such a course would not be expedient, for the reason 
that New Mexico was at the time enjoying the benefit 
and protection of the laws and had a large military 
force stationed at various points which were a protec- 
tion against the Indians. He could not see that any 
material difference would result to New Mexico for the 
want of a government established by congress for only 
a brief period, his reason being based upon the opinion 
that New Mexico would shortly apply for admission 
into the Union as a state. During all the period of 
American occupation, up to the time when the question 
of the west boundary of the state of Texas was deter- 
mined, the military authorities at Santa F£ paid no 
attention whatever to the claims of Texas and w r ould 
not recognize the attempt on the part of that state to 
extend the jurisdiction of the courts of Texas over the 
disputed territory. The State of Texas, in 1850, sent 



OF THE TERRITORY OP NEW MEXICO. 159 

a special commissioner to Santa F6, with full power 
and instructions to extend the civil jurisdiction of the 
State over what the Texas legislature had seen fit to 
designate as the "unorganized, counties of El Paso, 
Worth, Presidio and Santa Fe\" Upon arrival at Santa 
F£, the Texan commissioner met with opposition to his 
purpose by the military authorities. The four counties 
named covered all of the territory east of the Rio 
Grande, which prior to the treaty of Guadalupe Hi- 
dalgo, had been regarded by Mexico, and by the people 
living within the limits indicated, as an essential and 
integral part of the department of New Mexico, and 
actually governed and possessed by her people, until 
conquered by General Kearny and severed from the 
Mexican republic by force of American arms. 

President Millard Fillmore declared that these 
claims and acts, on the part of the authorities of the 
state of Texas, were such as to demand immediate at- 
tention on the part of all branches of the general gov- 
ernment and feared that a crisis might ensue, which 
would necessitate the summoning of the two houses of 
congress, and compel, also, immediate action on the 
part of the executive branch of the government. 

The governor of the state of Texas was notified by 
the president that New Mexico was a Territory of the 
United States, with the same extent and the same 
boundaries which belonged to it while in the actual 
possession of the Republic of Mexico, before the treaty 
of Guadalupe Hidalgo. The president defined his posi- 
tion in the following language : 57 "The executive gov- 
ernment of the United States has no power or authority 
to determine what was the true line of boundary be- 

5T Message of President Taylor. 



160 THE MILITARY OCCUPATION 

tween Mexico and the United States before the Treaty 
of Guadalupe Hidalgo, nor has it any such power now, 
since the question has become a question between the 
State of Texas and the United States. So far as this 
boundary is doubtful, that doubt can only be removed 
by some act of congress, to which the assent of the 
State of Texas may be necessary, or by some appro- 
priate mode of legal adjudication; but, in the mean- 
time, if disturbances or collisions arise or should 
be threatened, it is absolutely incumbent on the 
executive government, however painful the duty, to 
take care that the laws be faithfully maintained; and 
he can regard only the actual state of things as it ex- 
isted at the date of the treaty, and is bound to protect 
all the inhabitants, who were then established and who 
now remain, north and east of the line of demarcation, 
in the full enjoyment of their liberty and property, 
according to the provisions of the ninth article of the 
treaty. In other words, all must be now regarded as 
Xew Mexico which was possessed and occupied as New 
Mexico, by citizens of Mexico, at the date of the treaty, 
until a definite line of boundary shall be established by 
competent authority." 

The importance of immediate action by the con- 
gress of the United States, in the settlement of this 
boundary question, was most apparent. All considera- 
tions of justice, general expediency and domestic tran- 
quility demanded it. It was seen that no government 
could be established for New Mexico, either state or ter- 
ritorial, until it was ascertained just what New Mexico 
was, and what were her rightful limits and boundaries, 
and the president recommended to congress that the 
general government "would be justified in allowing an 



OP THE TERRITORY OF NEW MEXICO. 161 

indemnity to Texas not unreasonable or extravagant, 
but fair and liberal, and awarded in a just spirit of 
accommodation." 

On the 9th day of September, 1850, the congress of 
the United States passed an act entitled "An Act pro- 
posing to the State of Texas the establishment of her 
northern and western boundaries, the relinquishment 
by the said state of all territory claimed by her exterior 
to said boundaries, and of all her claims upon the 
United States, and to establish a Territorial Govern- 
ment for New Mexico." 

On the 25th day of November following, the State 
of Texas agreed to and accepted the propositions con 
tained in this act, and, from common sources of public 
information, a very remarkable degree of unanimity 
prevailed, not only in the legislature, but among the 
people of Texas, in respect to the happy solution of the 
difficulties which had confronted the nation. 

The difficulties felt and the dangers apprehended 
from the vast acquisition of territory under the treaty 
with Mexico were overcome by the wisdom of congress 
in the passage of the act of September 9, 1850. 

There were many rival politicians in New Mexico 
during this period, some of them of more than ordi- 
nary ability, the more prominent being Hugh N. Smith, 
William Z. Angney, Richard Hanson Weightman, Ceran 
St. Vrain, W. S. Messervy, Joab Houghton, Henry Con- 
nelly, Manuel Alvarez and James H. Quinn. These 
politicians were in constant warfare. Senator Thomas 
H. Benton was an ardent supporter of the civil gov- 
ernment for New Mexico, as against the military 
regime, and he counseled the New Mexicans "to meet 
in convention, provide cheap and simple government 



162 THE MILITARY OCCUPATION 

and take care of yourselves until Congress can provide 
for you." The people who had come from the states 
of the Union did not take kindly to the rule of a mili- 
tary commander in time of peace. To them a govern 1 
nient of this sort Avas intolerable, and the only ques- 
tion for determination for them was the securing of a 
strictly civil form of government at the earliest pos- 
sible moment. The situation was aggravated by the 
apparent subserviency of the so-called judicial branch 
of the government to the orders, will, whims and ca- 
prices of tin 1 military commander and his subordinates. 

The state movement was set on foot by sixteen 
civilians, citizens of the United States, some Demo- 
crats and some Whigs, some natives of southern and 
some of northern states. The address prepared by them 
appeared in the columns of a Santa Fe newspaper 5 " 3 
and was replied t;> by a counter address in the columns 
of i he same paper, signed by sixty-two other civilians, 
among whom were included all the judges of the cir- 
cuit courts, the prefects, the sheriffs, the alcaldes and, 
in fact, the great body of the officers of the civil gov- 
ernment of the military commander, all of whom held 
their offices at his absolute will and pleasure. 59 

The state movement was by them denounced as a 
factious movement and the movers as the "Alvarez fac- 
tion." As the movement progressed it was discovered 
that the military commander had a decided leaning 
toward the territorial party ; indeed his acts were de- 
cidedly partizan and against the state party. 

The state party triumphed in the election, and this 
was accomplished despite the partisan acts of the mili- 



5S New Mexican, December 8, 1849. 

59 Letter of R. H. Weightman, October 7, 1850— Cong. Globe, 
32d Cong., 1st Sess., page 324. 



OF THE TERRITORY OF NEW MEXICO. 163 

tary commander, despite the almost unanimous opposi- 
tion of the judges, prefects, alcaldes and others, who 
held their offices at the will and pleasure of the mili- 
tary commander and despite the vote of the employes 
of the quartermaster's department. 

The Legislative Assembly, which convened after 
this election was held, memorialized the congress of 
the United States, giving expression to sentiments of 
no uncertain kind, and are reproduced as showing the 
feeling of the majority of the people of Ncav Mexico 
at that time. This memorial is as follows : 

"The inhabitants of New Mexico, since February 
2, 1848, have groaned under a harsh law, forced upon 
them in time of war, when they were thought unde- 
serving of confidence. 

"The military is independent of and superior to 
the civil power. 

"The inhabitants have no voice or influence in 
making the laws by which they are governed. 

"Some power, other than the Congress of the 
United States, has made judges dependent on its will 
alone for the tenure of their offices, and the amount 
and payment of their salaries. 

"Some power, other than the Congress of the 
United States, has subjected us to a jurisdiction for- 
eign to the constitution and unacknowledged by our 
laws. 

"We are taxed without our consent, and taxes, 
when collected, are not applied to the public benefit, 
but embezzled by officers irresponsible to the people. 

"No public officer in New Mexico is responsible to 
the people. Judges, unlearned in the law, decide upon 
life, liberty and property. Prefects and alcaldes im- 



104 THE MILITARY OCCUPATION 

pose fines and incarcerate without the intervention of 
a jury. 

"Alcaldes assail the rights of the people freely who 
exercise their religion without restriction, and dictate 
to congregations what priest shall administer the sac- 
raments of the church. 

•'The full extent of the power to control and in- 
jure, which this unrestrained and organized band of 
office holders wielded can only be entirely understood 
when it is known that the military commander held 
to no accountability civil officers charged with assaults 
upon the religion of the country and embezzlement of 
the public funds. 

"The influence of the quartermaster's department 
in the elections was by no means an inconsiderable one. 
With its army of employes, with its contracts to let, 
with its agencies to purchase the entire surplus of the 
corn and forage of the country, and with its easy 
means of communication by express at government ex- 
pense, it proved itself very formidable; and this influ- 
ence, with some honorable exceptions, was thrown 
against the state party. 

"This web of influence, extending to the frontiers 
of New Mexico, was, like the other, organized, and, 
like it. also easily managed from the center; and the 
managers of both webs were acting in concert, and, as 
has already been told, against the state party. 

"At this time there was available only one print- 
ing press in tie entire country, and it belonged to the 
government. This press was sold and fell into the 
hands of the territorial party. It was used solely for 
the advancement of the interests of that faction, and, 
being owned by an army sutler and contractor, and 



OP THE TERRITORY OP NEW MEXICO. 165 

edited by Judge Houghton and the chief clerk of the 
quartermaster, all communications of the State party 
were excluded from the columns of the paper. That 
party could not secure the printing of its ballots, and 
upwards of twenty thousand tickets, issued by the 
State party, were written out by hand. 

"With the press against the state party, the office 
holders against it and the moneyed interests of the 
government against it, it cannot be said that the state 
movement was born of or grew to manhood by Execu- 
tive influence. It appears clearly that the voice of the 
people, as expressed by their ballots, made itself heard 
under very difficult circumstances. 00 

Many charges were preferred, by men of conse- 
quence, against the so-called civil government. These 
charges were filed with the commanding general, Mun- 
roe, but he paid small attention to them ; in fact, 
ignored them. The controversies between individuals 
were of the most dangerous sort ; the language used in 
the trial of cases, directed to the court, was of a most 
vituperative character. Chief Justice Houghton seems 
to have been the unfortunate individual against whom 
was hurled charges, which, if they were true, ought to 
have subjected him to trial for almost every crime 
known to the law. 

In December, 1819, Richard Hanson Weightman, 
an attorney practicing in Judge Houghton's court, and 
the successful candidate for delegate to congress in the 
election of 1851, filed with the commanding officer the 
following statement, which is a most interesting docu- 
ment : 



C0 Letter of R. H. Weightman— 3 2d Cong., 1st Sess., page 
325. 



166 THE MILITARY OCCUPATION 

"Influenced, sir, by duty and inclination, I lay 
before yon charges of a most serious nature against 
the highest judicial officer in this Territory — Judge 
Joab Houghton; charges so serious that, if tine, it is 
an act of mere justice to the community that he should 
be removed from office. 

•In consequence of peculiar, agitating and danger- 
ous questions which now exist in the United States, 
it has been thought proper, and even patriotic, in Con- 
gress, to withhold from us a territorial organization, 
which, except for the agitating questions there exist- 
ing, we would doubtless long since have obtained. 

"As il is, a de facto government obtains here of a 
niosi anomalous character, having no parallel in our 
history, opposed to the spirit and genius of our insti- 
tutions and laws, and unrecognized by any competent 
authority. 

"This government dc facto was established under 
the laws and usages of war; and, upon the conclusion 
of the peace. February 2, 1848, having been found in 
existence here, to prevent anarchy, continues by the 
acquiescence of the authority, whatever it may be. 
which is competent to change it. 

"Under this government, as it actually exists, the 
Governor exercises military, executive and legislative 
functions. 

"To show that he has exercised legislative func- 
tions, I make reference to Order No. 10, dated Febru- 
ary 5, 1848, laying duties and taxes, providing for their 
collection and for the payment of salaries, creating 
offices, etc. 61 

"Order No. 10 was made by General Sterling Price. 



OP THE TERRITORY OP NEW MEXICO. 167 

I presume, however, that uo argument is necessary 
to prove that the Governor has the power, under this 
government, as it actually exists, whether legally or 
not, to relieve the community of a corrupt, ignorant 
or objectionable judge. 

In making charges, it is necessary to be precise, 
and to enter into particulars; otherwise, the accused 
will have just cause to complain that he is tried on 
charges which are undefined, and to which, therefore, 
it is not possible to make a defense. 

Though by entering into unpleasant, though neces 
sary, details, I may, in the eyes of the undiscerning, 
appear to want good taste, I shall not refrain from so 
doing; preferring rather to deserve this censure than 
to subject myself to the charge of concealing from the 
accused that which is brought against him. 

In the form, then, of charges and specifications, 
I accuse Judge Joab Houghton as follows: 

Charge 1st. His conduct has been characterized 
by breaches of faith of such a nature that the con- 
tinuation of him, in so elevated and responsible a 
station, can but have the effect of lowering, in the eyes 
of the public, the standard of American character. 

Specification 1st. It has been substantiated in a 
court, to the satisfaction of a jury, that he has re- 
ceived, as the agent of Colcord and Hall, a sum of 
money exceeding three thousand dollars, and not paid 
the same to his principals. 

Specification 2nd. He has received money, as the 
agent of East and Anderson, for the specific purpose 
of paying duties under order No. 10, of date February 
5, 1848, and, instead of paying the money into the 
hands of the collector, placed therein, in lieu of money, 



168 THE MILITARY OCCUPATION 

his audited accounts for bis salary as judge, which 
accounts were received as cash, and, subsequently, 
when that part of Order No. 10, paying and collecting 
of duties, was annulled, he withdrew said audited 
accounts from the hands of the collector, and replaced 
the bonds of East and Anderson, which said bonds 
are now in the hands of the collector and the money 
of East and Anderson in the hands of Judge Houghton. 
Specification 3rd. That on or about the 19th day 
of June, 1848, he was engaged in business as a mer- 
chant, being a partner in the firm of E. Leitensdorfer 
& Company; that about that date the firm of Leitens- 
dorfer & Company introduced into Santa F6 goods, 
the original cost of which, including the outfit, was not 
less than $100,000; that subsequently, on or about 
the 1'lst day of September, E. Leitensdorfer and Joab 
Houghton dissolved partnership; that, on or about 
that date E. Leitensdorfer left Santa F£, appointing 
Joab Houghton his agent and attorney for the trans- 
action of business; that, on or about the 11th day of 
December, 1848, E. Leitensdorfer made an assignment 
of all his effects, for the benefit of his creditors; that 
the effects assigned amounted to about |40,000 and 
the ascertained debts of the firm to more than $116,- 
000; that between the dates, June 19th and December 
11th, E. Leitensdorfer was, for the greater or a great 
part of the time, absent from Santa F6, the place of 
the house of business of the firm, and that the deficit 
is not accounted for; but nearly all, if not all, of the 
goods taken south for sale by the said Leitensdorfer 
are accounted for, while the part left in Santa Fe\ 
generally under the charge of said Houghton, is the 



OF THE TERRITORY OF NEW MEXICO. 169 

part not accounted for; and that this failure is fraudu- 
lent and Judge Houghton guilty of the fraud. 

Specification 4th. So much of the specifications 
under charge 2nd and 3rd as may be applicable to this 
charge. 

( harge 2nd. His occupying his position on the 
bench amounts to a denial of justice in a large class 
of cases. 

Specification 1st. The case of Campbell vs. Leit- 
ensdorfer & Co., involving about $8,000, was brought 
by attachment, based upon an affidavit of fraud, on 
the 26th day of May, 1849, and was in due course for 
trial at the June term of that year, but could not be 
tried because the Judge was interested; it could not 
be tried at the October term for the same reason, and 
cannot be tried for the same reasons, under existing 
circumstances, so long as Judge Houghton occupies 
his present position. 

Specification 2nd. The case of Kelly vs. Leitens- 
dorfer & Co., involving about $8,000, based on affi- 
davit of fraud, was filed June 30th, 1849, and was for 
trial in due course at the last October term, but could 
not be tried, and cannot be tried, for the same reason 
as above. 

Specification 3rd. The case of Welsh vs. Leitens- 
dorfer & Co., involving about $8,000, based on affi 
davit of fraud, was filed June 3, 1849, and was for 
trial in due course, at the last October term, but could 
not, and cannot be tried for the reasons set forth in 
Specification 1st, of this charge. 

"Specification 4th. There are now, in the hands 
of the undersigned, liabilities of the firm of Leitens 
dorfer & Company and bills against it for the gross 



170 THE MILITARY OCCUPATION 

sum of $3,659.70, to recover which six suits will be 
necessary; but have not filed suits because he has not 
been able to discover property of that firm, the court 
having declared that it will adjudicate no point about 
which there is a contest. 

"Specification 5th. There is now in the hands of 
Mr. Biggs, by the agreement of all the parties to the 
suits, a large sum of money biding their issue, and 
must there remain until they are decided, to the great 
damage of the own< rs thereof. 

"Specification 6th. There are a number of other 
creditors of E. Leitensdorfer & Company who would 
bring suits, if they believed justice could be obtained. 

"Specification 7th. P>y the death or going away 
of important witnesses the ends of justice, which 
are now delayed, may be entirely defeated. 

"Specification 8th. So much of the specifications 
under charges 1st and 2nd as may be applicable to 
this charge. 

"Charge 3rd. Ignorance of law and disregard to 
his obligations as a judge. 

"Specification 1st. Before trial, out of court, he 
has expressed the opinion that a man about to be tried 
for his life was a murderer. 

"S] • cification 2nd. He has admitted to bail the 
man whom he said was a murderer. 

"Specification 3rd. He has written articles in the 
Santa Fe Republican concerning a point of law, about, 
in due course, to come before him for decision, on 
which depended a large class of cases involving a sum 
of money, exceeding $80,000. 

"Specification 4th. Had he adjudicated on the 
bench as he adjudicated in the newspapers he would 
have been benefited by the adjudication. 



OP THE TERRITORY OP NEW MEXICO. 1.71 

"Specification 5th. At a meeting of the bar, held 
in the city of Santa Fe, on or about the 2Gth of July, 
1849, at which meeting were present Messrs. Smith, 
Tnlly, Angney, Wheaton, West, Pillans, Ashurst, 
Beach, Hall and Weightman, the question was dis- 
cussed as to the propriety of inviting Judge Houghton 
to resign; at this meeting, it was the opinion of all 
the members present, that he was incompetent to fill 
the office, and eight of their number signed a letter, 
requesting him to resign, two of them declining to 
sign the letter on personal grounds; the two who de- 
clined being Messrs. Smith and Hall. 

"Specification 6th. So much of the specifications 
of charges 1st and 2nd as may be applicable to charge 
3rd. 

"The witnesses to prove the above charges and 
specifications are at present in New Mexico; how long 
(hey will remain there it is impossible to say. 

1 have to request, therefore, as early notice as 
possible may be afforded me that an investigation may 
be had; the commission, or whatever other body to 
whom these charges, etc., may be referred, should 
have power to send for persons and papers. 

"With much regret that I have to trouble you 
with so disagreeable a matter. T am, sir, very respect- 
fully, your obedient servant, 

"R. H. WEIGHTMAN. 
"Brevet Colonel John Munroe. 

"Civil and Military Governor of New Mexico." 

Judge Houghton was notified by Major Weight- 
man of the fact that these charges had been preferred 
against him and was advised that if he did not sub 
stantiate the charges as made, he would freelv and 



172 THE MILITARY OCCUPATION 

cheerfully retract them. The distinguished gentleman, 
however, declined an investigation, but immediately 
sent a challenge to Major Weightman. Colonel Mun- 
roe declined to entertain the charges and nothing 
officially was done by him in relation thereto. 

The challenge, in its wording, ignores the charges 
as filed with Colonel Munroe, but accuses Weightman 
of having slandered Judge Houghton. The fact that 
there is no record in New Mexico of the wording of a 
formal challenge to meet upon the "field of honor," and 
as this course adopted by Judge Houghton was in a 
sense an appeal to the old English "wager of battle," 
the exact language of the challenge is worth record- 
ing, and follows : 

"Santa Fe. September 9, 1849. 

"Sir: In consequence of slanderous words used 
by you in conversation with Lieutenant Taylor, at the 
Sutler's store in Albuquerque, with J. L. Hubbell, Esq., 
at Socorro. a1 Santa F<'\ and generally throughout the 

Territory, within the last few , I demand of you 

an unequivocal retraction of such slanders, or the satis- 
faction due from one gentleman to another. 

"J. HOUGHTON. 

"R. H. Weightman, Esq." 

This letter brought forth a characteristic reply 
from Weightman, in which he seems determined to 
have the record appear without a flaw, in giving pub- 
licity to his opinion of the learned "fountain of jus- 
tice," as he was described by Weightman in a number 
of public addresses. This reply was directed to James 
H. Quinn, Esq., a practicing attorney of Judge Hough- 
ton's court, who acted as his second in the duel which 
followed The letter to Quinn is interesting, and. 



OF THE TERRITORY OF NEW MEXICO. 173 

while of some length, should he read in connection 
with the charges against Judge Houghton. In this 
letter Weightman says : 

-Santa Fe, September 19, 1849. 

' ; Sir: I received at your hands a note from Judge 
Houghton, of this date, in which he is pleased to say 
that, in consequence of words, which he characterizes 
as slanderous, used by me to Lieutenant Taylor, in 
Albuquerque, to J. L. Hubbell, Esq., in Socorro, at 
Santa Fe, and generally throughout the Territory, 
within the last few 'days 1 (I suppose was intended, a 
word being left out), he demands of me an unequivocal 
retraction of such slanders, or the satisfaction due 
from one gentleman to another. 

"Besides the application of the word slanderous to 
my words, 1 have an objection to make to the general 
tenor of his note, which is this: it leaves open the 
inference that I made the remarks alluded to not in 
Judge Houghton's presence. To rebut which inference, 
I have to say, that three or four months ago, it became 
my duty, as counsel in the case of Colcord & Hall vs. 
Smith D. Town, to comment upon the conduct of Judge 
Houghton, in receiving, as agent of Colcord & Hall, a 
large sum of money, in the neighborhood of $3,400.00, 
and not paying the same over to his principal, as it 
was intended he should, and as he was trusted to do. 
In my remarks to the jury, the judge was spoken of as 
a faithless agent, and it may, perhaps, not be inappro- 
priate to mention that the jury found a verdict in ac- 
cordance with the theory laid down by myself and the 
other gentlemen with whom I was associated on that 
occasion. Judge Houghton was not present on this 



174 THE MILITARY OCCUPATION 

occasion, but my remarks and the finding of the jury 
are matters of public notoriety. 

"Again, in Socorro, at which place he refers to a 
conversation with Mr. Hubbell, I made the same, or 
similar, remarks in a public speech to the people, 
Judge Houghton being present, and distant perhaps 
six feet from me at the time. 

"I deem this statement due to myself, in order to 
make it apparent that I have in no wise secretly as- 
sailed the character of Judge Houghton. 

"In conclusion 1 have to say that in consideration 
of the fact that Mr. Houghton occupies at this time 
the important position of chief judge of this Territory, 
and is recognized as a gentleman by persons of high 
standing, yourself among the number, I feel myself at 
liberty lit accept the latter of the alternatives he has 
been pleased to offer me. 1 accept his challenge, and 
will meet him this day at as early an hour as can 
'•onveniently be agreed upon between yourself and 
the gentleman who will hand you this. 
"Yer} 7 respectfully, etc., 

"R. H. WEIGHTMAN. 

"James H. Quinn, Esq." 

This duel was fought on the same day, no blood 
was shed, and while no apology was offered by Weight- 
man, the outcome of the meeting was to a degree laugh 
able. The parties met in an arroyo, near the city of 
Santa F6, and when the command "fire" was given, 
only one shot was heard — that from Weightman's pis- 
tol, the ball from which passed close to Houghton's 
ear. Houghton, who was slightly deaf, insisted that 
he had not heard the w r ord of command ; Weightman 
then lifted both his hands in the air and told Houghton 



OE THE TERRITORY OP NEW MEXICO. 175 

to shoot; the seconds interposed, however, and the 
party left the grounds, Weightraan still insisting that 
what he had said concerning Judge Houghton was the 
truth. 

There was a great deal of dissatisfaction in many 
parts of the Territory, at this time, growing out of the 
actions of the so-called civil authorities concerning the 
property and priests of the Catholic church. Ever 
since the revolution of 1847, the military commander, 
owing to the belief which was entertained by many 
that prominent representatives of the church had been 
cognizant of the plans of the revolutionists, and were 
active sympathizers in the movement which resulted in 
the death of Governor Bent, regarded the chief repre- 
sentative of the church, the Vicario, Juan Felipe Ortiz, 
as an enemy to the American institutions which were 
being gradually established by his authority. It was 
insisted that the rights of that church freely to exercise 
its functions were being infringed. Major Weightman 
seems to have been the friend of the Church, and its 
attorney as well, and on several occasions complaints 
of a very serious character were lodged with the mili- 
tary commander, but no notice was taken by him in 
relation to the same. The military commander was 
advised officially that the Vicario fully understood the 
responsibility resting upon him to the United States 
government, but contended that the Church should not 
be deprived of the "right freely to exercise its religion," 
that right being guaranteed by the Constitution of the 
United States. The commander was informed that the 
Catholic Church, as well in New Mexico as in other 
parts of the United States, confided the care and con- 
trol of all the property of the church to the Bishop of 



176 THE MILITARY OCCUPATION 

the Diocese. The Bishop of Durango had placed this 
custody, care and control in the hands of the Vicario, 
who was held responsible for the judicious exercise of 
the power conferred upon him. This law, custom and 
usage of the Church was being set aside by the actions 
of the civil authorities in many ways; the limits of 
parishes, as arranged under the authority of the 
Church, were being altered by the civil officials with a 
view 1(» their ideas as to propriety and convenience. 
This was done, certainly so far as the parishes of 
Socorro, Albuquerque, Belen and Tome were concerned, 
and it was claimed that the interference came from 
the influence of Judge Antonio Jose Otero. 

Don Donaciano Vigil, the secretary and acting 
governor of the Territory, after the death of Governor 
Bent, issued an order suspending the Vicario, Juan 
Felipe Ortiz, from exercising his ecclesiastical func- 
tions; the acting governor also threatened to banish a 
priest, who had the temerity to declare that the acting 
governor had no power to do so, and, in the end, advised 
the priest to take the first advantage of h aving the 
country. 

One of the alcaldes, while the parish priest was 
absent, demanded the keys of the church from the 
sacristan at Tome and took from it the sacred vest- 
ments and consecrated vases and delivered them to 
Nicolas Valencia, a nonconformist and suspended 
priest, for the purpose of celebrating a marriage and 
mass. 

Another alcalde directed Fr. Benigno Cardenas, a 
non-conformist, suspended priest, a refugee from jus- 
tice, to go to the parish of Tome, and receive without 
excuse or protest, from Jose de Jesus Baca, the regu- 



OF THE TERRITORY OP NEW MEXICO. 177 

larly appointed priest, the delivery of the church prop- 
erty, taking an inventory of the same. The alcalde, 
who thus undertook to control the affairs of his pre- 
cinct as well as those of the church, was Don Vicente 
Armijo; the word and order of Don Vicente was most 
effectual, for the Fr. Cardenas took possession and the 
Fr. Baca was excluded from the performance of his 
priestly functions. All of these ousters were confirmed 
by the appointing authorities — the so-called civil gov- 
ernor, Vigil, and his superior, the military commander, 
endeavoring to correct the action of the alcalde, sent an 
official order to the prefect of the county, Don Manuel 
Otero, directing him to restore Padre Baca to his 
rights and the property of the church, which order was 
not obeyed. 

Every one of these infringements upon the rights 
of the priests was presented to Colonel Munroe, in the 
way of charges and memorials signed by hundreds of 
citizens, but all were deemed unworthy of notice by 
that arbitrary satrap. 

The true state of affairs is most graphically painted 
in a letter to Colonel Munroe 02 from Major Weightman. 
Word had been received from Don Jose Chaves, one of 
the most influential men of the country, that he feared, 
unless the people were pacified, violence might be com- 
mitted, for the reason that the civil authorities were 
attempting to force upon the people, against their will, 
the Padre Cardenas. This Padre was the same one 
who was attempted to be forced upon the people of 
Tome'. Major Weightman, who was the recipient of 
the letter from Don Jose Chaves, immediately pro- 
ceeded to Los Lunas, where he was advised that Judges 



"-Letter of R. H. Weightman of June 18, 1850, to Col. 
Munroe — Cong. Globe, 32d Cong., 1st Session, page 326. 



178 THE MILITARY OCCUPATION 

Houghton and Otero bad arrived and that for the pres- 
ent all was quiet. The following day the judges and 
the prefect left for Sabinal, where it was claimed the 
people were in a state of revolution and that Colonel 
May of the army was present with troops to quiet the 
disturbance. Major Weightman proceeded to Sabinal, 
where he found everything quiet, the people working in 
the fields and neither Colonel May nor any troops were 
present. Later on Colonel May appeared and declined 
to interfere. Immediately the alcalde cited, through 
an order issued to his constable, armed men to be 
present, for the purpose of assisting the constable in 
keeping order. It was asserted that the entire proceed- 
ing was little less than an electioneering trick to intim- 
idate the people into voting for a continuance in office 
of those then exercising civil authority. Judges Hough- 
ton and Otero were on the ground and there were 
persistent rumors of revolution, assassination and other 
disturbances, but nothing occurred, other than a con- 
clusive demonstration that the people, so lately come 
into the rights of American citizens, were beginning 
to appreciate their full importance. 

The alcalde at Sabinal was one Jesus Silva, whose 
ideas of his authority were most unique. On Sunday, 
the 16th of June, 1850, this alcalde attempted to compel 
the people to receive the Fr. Cardenas as the priest of 
the parish. The alcalde maintained that inasmuch as 
the regular priest, Otero, had not performed mass for 
some time, that it was necessary for the spiritual wel- 
fare of the people that mass be said. The reasons for 
the absence of the cura, Otero, were that the same 
alcalde had placed him in jail a short time prior and 
he had left, fearing a repetition of the incarceration 



OP THE TERRITORY OF NEW MEXICO. 179 

and a continued disregard for the rights of the church, 
as long as Alcalde Silva continued in the administra- 
tion of his office. The actions of the alcalde were ap- 
proved by the Prefect, Kamon Luna, as well as by 
Judges Houghton and Otero, who were all present and 
undertook to reprove the people for their alleged insub- 
ordination to the lawfully constituted authority of the 
alcalde. 

More than one hundred citizens, the owners of the 
church property, made vigorous protest to the military 
commander, at Santa Fe, against the actions of the 
alcalde and the judges and prefect, but no action war: 
ever taken, although an investigation was asked for at 
his hands. 

On the 18th of June an order was issued and 
placed in the hands of the constable, commanding him 
to arrest one, Jose Armijo, and about one hundred 
others, who had protested against the action of the 
alcalde, Silva, and take them before the Prefect, Ramon 
Luna, at sunrise the following morning, where their 
offenses would be examined into. The following morn- 
ing was the day of election, and, even to the uninitiated, 
this order of arrest and proceeding may be readily 
understood, when it is known that every man thus 
arrested was opposed to the re-election of the existing 
officials, everyone of whom was a candidate for office. 
All of these people were taken to the northern limits 
of the county, a distance of thirty miles, passing by the 
doors of neighboring alcaldes, and, but for the timely 
assistance of Don Jose Chaves, who gave bail for them, 
in the sum of fifteen thousand dollars, all would have 1 
been incarcerated until the next term of the court. 
When court was held, notwithstanding the statement 



180 THE MILITARY OCCUPATION 

of the public prosecutor that no offense had been com- 
mitted, they were indicted, and those who could not 
give bail a second time were thrown into prison, where 
the}' remained until the appointment of James S. Cal- 
houn as governor of the Territory. And what was their 
otfense? Don Jose Armijo, an elderly gentleman Of 
good repute, acting as spokesman for the citizens who 
objected to Fr. Cardenas, had said to the Alcalde that 
it was against the will of the people that he say mass. 
To which the alcalde replied, "I have the power, and 
do not recognize the people." Whereupon Mr. Armijo 
said: "If you do not recognize the people or their sov- 
ereignty, the people will not recognize you as alcalde.'" 
This was held to be rebellion by the learned judges, the 
alcalde and the prefect. 

This, then, was the sort of government to which the 
authorities of the United States introduced its newly 
acquired citizens. Not that government which Kearny 
had promised them, but another and different sort, a 
government upheld and maintained by the bayonets, 
under command of Colonel Munroe, who was supposed 
to be protecting the new citizens in their rights rather 
than in oppressing them, as the facts clearly show was 
the case. 

The War Department at the nation's capitol was la- 
boring under the belief that the military in New Mexico 
was only taking a partial participation in the civil 
affairs of the Territory, and it was only after the elec- 
tion of June 20, 1850, that matters were brought to a 
full determination as to who was the real authority in 
New Mexico and what was his power.. 

Pursuant to a meeting held at Santa Fe\ April 20, 
1S50, Colonel Munroe, the military governor, issued a 



OF THE TERRITORY OF NEW MEXICO. 181 

proclamation calling for an election of delegates to 
meet in convention on May 15th. At this convention, 
whose presiding officer was James H. Qninn, a consti- 
tution for the state of New Mexico was framed. Three 
days afterwards Colonel Munroe issued another procla- 
mation calling for a popular election on the adoption 
of the constitution, and also to choose state and federal 
officers, whose authority should become valid as soon 
as the state government was recognized at Washington 
by the congress. 

The election was held on June 20th. Henry Con- 
nelly and Manuel Alvarez were elected governor and 
lieutenant-governor over Baca and St. Vrain, and 
William S. Messervy was chosen representative in con- 
gress. The vote on the constitution was overwhelmingly 
in favor of its adoption, only thirty-nine votes being 
recorded against it. 

The officials elected at this time were thoroughly 
at variance with the military officers in respect to the 
powers and prerogatives of each. 

The commanding officer, Colonel Munroe, insisted 
upon exercising all the authority which had been his 
and which had been used wherever deemed necessary 
since the beginning of the war with Mexico and the 
taking possession of the country by General Kearny in 
August, 1846. The position taken by both Colonel 
Munroe and by Lieutenant Governor Alvarez, who was 
acting in the absence of Governor Connelly, who was ill 
and visiting in the states, is well outlined in an official 
communication from Governor Alvarez to Colonel Mun 
roe, of date July 13, 1850, and which is given in full : 



1s2 the military occupation 

"Governor's Office, 
-July 13, 1850. 

"Sir: — In my notes of yesterday, I intimated that 
I would take an early occasion to answer your com- 
munication of the 11th instant, in which you are pleased 
to allude to a conversation, solicited by yourself 
through your adjutant, which we held on the 10th, in 
which, among- other matters, you intimated a disposi- 
tion to disregard any acts of the Legislature overstep- 
ping the hounds of your proclamation of date May 28, 
L850, a determination to sustain the authorities hith- 
erto administering the functions of government, and 
alluded to the course of the new government in organ- 
izing iis departments and proceeding to exercise legis- 
lative power, as unwarranted and revolutionary. 

"From the terms of your conversation, I learned 
that you entertain the idea that the people, in organ- 
izing a government, were hound to follow your procla- 
mation literally, strictly, and that they can exercise no 
power beyond its license. In this construction of the 
people's right, our opinions are entirely different, since 
I hold the true ground to be : 

"1st. That the people had an undoubted right to 
hold a convention, form a constitution, and organize a 
civil government, without either your first or second 
proclamation, or without even consulting with you. 

"2d. That any private citizen, as well as the com- 
mandant of the ninth military department, could have 
issued the proclamation, or could, by common consent, 
have been designated for that purpose; and, if obeyed, 
it would have been just as effectual and obligatory on 
the people and yourself. 



OF THE TERRITORY OP NEW MEXICO. 183 

"3d. That in the absence of any congressional leg- 
islation over ns. Ave have as free and undoubted a right 
to reform and remodel our old system, or to establish 
a new and different one, not violating the constitution 
of the United States, as the people of New York or 
"Virginia. 

"4th. That the civil power exercised by you, under 
a military order from General Scott, can be no greater 
nor more restrictive of the rights of the people than 
that exercised by the President of the United States. 

"5th. That the President of the United States can 
not delegate a greater power than he could himself 
exercise, and nothing is clearer than that he, without 
the sanction of congress, has no power either to dictate 
a government to us or to prevent us from making such 
a one as we may prefer. 

"6th. That it has never been pretended, even b\ 
the President of the United States, that he had any 
authority to make a government for us or to insist that 
we should observe the one left to us on the termination 
of the war. President Polk, in his message of December 
5, 1848, holds this emphatic language in speaking of 
New Mexico and California: 'Since that time (13th 
May) the limited power possessed by the executive has 
been exercised to preserve and protect them from the 
inevitable consequences of a state of anarchy. The only 
government which remained was that established by 
the military authority during the war. Regarding this 
to be a de facto government, and that, by the presumed 
consent of the inhabitants, it might be continued tem- 
porarily, they were advised to conform and submit to 
it for a short intervening period before congress would 
again assemble and legislate on the subject.' And, 



184 THE MILITARY OCCUPATION 

again, in his previous message of Sth July, President 
Polk declares that 'the war with Mexico having termi- 
nated, the power of the executive to establish or to con 
tinue temporary civil government over these territories, 
which existed under the laws of nations while they were 
regarded as conquered provinces in our military occu- 
pation, has ceased.' Secretary Crawford, in his late re- 
port (November .">(>, 1849), advances a similar view: 
'The peculiar condition of the territories of California 
and New Mexico, in respect to their internal govern- 
ments, and the absence of any clearly defined authority 
by congress for this object, has imposed delicate and 
difficult duties on the army. One of its assigned duties 
is to aid civil functionaries, when required, in the pres- 
ervation of public tranquility ; but it is believed that 
the civil authority, so far as it has its origin in political 
power, in a great measure disappeared by the transfer 
of the sovereignty and jurisdiction from Mexico to the 
United States. The military regulations established for 
their government during the war were superseded by 
the return of peace.' I refer you also to the instruc- 
tions given to Lieutenant-Colonel McCall. Not having 
these instructions, I can only refer you to them. 

"All of these opinions, emanating from distin- 
guished statesmen, are indorsed by the great politi- 
cians of the country. There is hardly any question of 
state rights better settled than that the people have 
an inalienable right peaceably to assemble to take 
steps to reorganize or remodel the government, and to 
establish such laws as are by them deemed more just 
and salutary. These extracts show — 

"1st. That the government, hitherto existing in 
New Mexico is one simply of consent — a consent pre- 



OP THE TERRITORY OF NEW MEXICO. 185 

sumed; and the people are advised to submit tempo- 
rarily to it. 

"2nd. They show that the president disclaims any 
power to establish or continue temporary civil govern- 
ments. 

"3rd. That the military regulations established 
for (our) government were superseded by the return of 
peace. 

"If the positions above stated are true — and I am 
not aware that statesmen differ about them- -it has 
always been competent for the people to take the step 
they have recently taken; and that the commanding 
officer of the 9th military department has exercised 
the functions of a civil, governor, has arisen solely from 
the consent of the people. That consent is now with- 
drawn. The people have amicably, and through the 
recommendation of yourself, proceeded to the full or- 
ganization of a civil polity. Until the national con- 
gress shall undo it, or refuse to sanction it, by the law 
of nations and the rights of states, it will remain our 
only legitimate government. 

"Had the President power to make us a govern- 
ment, long ago he would have so ordered. This power 
is reserved to congress; and, until it acts, the people 
must adopt such a government as to them may seem 
best. 

"The people of California have pursued a similar 
course. The government went into immediate opera- 
tion ; the officer commanding the troops of the United 
States retired from the discharge of his civil functions, 
and his conduct, and the course of the people, have met 
with general approbation in the United States. 



186 THE MILITARY OCCUPATION 

"If a stale government is likely to be beneficial 
to the people of New Mexico, why should they be de- 
layed in its enjoyment? Are they less able to sustain it 
now than they would be in six months or a year? And 
what right has the military commandant of the 9th 
military department, when the President himself has 
no such power, to say that such a government should 
be indefinitely withheld from the people? 

"If 1 understand the second proclamation issued 
by yon, it contemplates the organization of the gov- 
ernment, so far as may be necessaiT to elect United 
States senators — that is 5 it contemplates that at least 
the executive and legislature should qualify and pro- 
ceed in this election. The governor and legislature, 
by the very law that constituted them — the popular 
voice — were, he fore entering upon the discharge of their 
duties, required to take an oath to support the consti- 
tution of New Mexico". Before an election could take 
place it was necessary to pass a law on this subject, 
aud to provide the mode of authenticating the creden- 
tials of the senators. This the proclamation did not 
contemplate; yet it was necessary, and the signature 
of the vice-governor, acting in the absence of the gov- 
ernor, became necessary, to perfect the law. The sig- 
nature of the commanding officer of the 9th military 
department to the credentials of the senators would, 
to say the least of it, have been novel, and expose them 
to the commentary of asking for seats with an unusual 
and unconstitutional evidence of an election. Why 
were the formation of the constitution and the election 
of an executive and a legislature necessary to choose 
United States senators? Simply because by the con- 
stitution of the United States such officers must be 



OF THE TERRITORY OF NEW MEXICO. 187 

chosen by the legislatures of the states, and they are 
necessary to authenticate the credentials. If, then, it 
was competent for the legislature to make one law, is 
it not competent for them to make two or as many as 
they may deem proper? Was the vice-governor an 
officer constituted with full power yesterday to perfect 
the law 'to regulate the election of United States sen- 
ators,' and is he less an officer to-day, or his signature 
to another law, adopted by the same legislature, less 
efficacious, or absolutely null and void? He cannot be 
an officer with full authority one day, the next without 
such authority, and on the third again vested with his 
official dignity and power; and if he has been governor 
for one hour he is so until his term expires, and, being 
so, there is no other ; for the co-existence of two gover- 
nors coeval in the same State is impossible, and con- 
trary to all law and experience. 

"I have failed to discover in the extract you were 
pleased to send me any principle contradictory of the 
positions here laid down. The propositions are stated 
generally, and are the law as commonly received. The 
questions discussed are not the ones that at this time 
vitally affect New Mexico. 

"It is certainly true that, so long as we are not 
constituted a State, the congress has power to make 
all needful rules and regulations respecting us. But 
we are not a Territory until these needful rules are 
made. Congress has done nothing — has not declared 
us a Territory, nor extended over us the laws of the 
United States. The doctrines asserted (although inar- 
tiflcially stated) in the extract are sufficiently true, 
and, as general propositions, will not be discussed; 



188 MILITARY OCCUPATION OF NEW MEXICO. 

yet, applied to our present attitude, they lose all ap- 
plicability. 

"I have deemed it proper to say this much in reply 
to your communication of the 11th, and. while I assert 
an earnest desire to see the early prosperity of my 
adopted country, subscribe myself your most obedient 
servant, 

-MANUEL ALVAREZ." 

In reply to this communication, slating the posi- 
tion taken by the Governor, Alvarez, and his advisers, 
for the wording of the letter shows that it was written 
by a lawyer, and not by the governor personally, the 
commander of the military department, Colonel Mun- 
roe, declared that "having in my proclamation of the 
28th of May last, calling an election for an executive 
and legislature to consummate the proper arrange- 
ments for the presentation of the state constitution 
to the congress of (lie United State>," etc., stated "that 
all action by the governor, lieutenant-governor, and of 
the legislature, shall remain inoperative until New 
Mexico be admitted as a state under said constitution, 
except such acts as may be necessary for the primary 
steps of organization, and the presentation of said con- 
stitution properly before the congress of the United 
States ; 

"The present government shall remain -in full force 
until, by the action of congress, another shall be con- 
stituted. 

"Applying principles clearly in accordance with 
the constitution of the United States, with 'the deci- 
sions of the supreme court and the laws of congress, 
I had no right to suppose that the officers elected under 
its provisions would assume to themselves authority 




Monument to General Doniphan, Liberty, Mo. 



190 THE MILITARY OCCUPATION 

beyond the conditions on which they were elected by 
the people, or that they would engage in any acts to 
supersede the present government. But, soon after the 
meeting of the legislature, I became convinced, from 
expressed opinions of members, of other gentlemen oc- 
cupying important positions, and from the acts of both 
houses, in addition to its legitimate business, there 
was an obvious intention of subverting the government 
by legislative action. In a sincere hope that a pur- 
pose so repugnant to law and injurious to the well- 
being of New Mexico might, by conciliation on my 
part, be averted, I have done whatever laid in my 
power to avoid the possibility of opposition, either in 
feeling or in action by the legislature, or the party 
by which its majority was elected, against the consti- 
tuted authorities and established government. 

"Reluctantly as I approach the subject, I now de- 
clare thai the nomination of officers, and their con- 
firmation, to assume the exercise of functions which 
1 1»\ superseding the officers now in commission) will 
ail'ect the laws'of this Territory, as at present consti- 
tuted, will be deemed and considered as an act on the 
part of all concerned in direct violation of their duties 
as citizens of the United States. 

"My official obligations imperatively require that 
the present government be sustained until supersede:! 
by another legally constituted; and this duty 1 will 
fulfill with all the means at my disposal." 

Immediately upon the receipt of this letter by 
Governor Alvarez, its contents were communicated to 
the legislature then in session, whereupon that body, 
undoubtedly voicing the sentiments of the people of 
Xew Mexico, adopted a joint resolution, the tenor -of 
which is expressive and vigorous. 



OP THE TERRITORY OP NEW MEXICO. 191 

This resolution is as follows: 

"Whereas, a letter signed by John Munroe, styling 
himself civil and military governor of New Mexico, 
and directed to Lieutenant-Governor Manuel Alvarez, 
has just been communicated to the legislature, in 
which said Munroe expresses a determination to main- 
tain the civil authorities hitherto administering the 
government in New Mexico, and also threatens to use 
all the forces at his disposal to resist the effective 
operation of the state government now in complete 
organization, with an evident intention to overawe the 
people, legislature and the different departments of 
the government, and to annul, by means of military 
power, the peaceable desires of the people; and, 

"Whereas, seven-eighths of the entire population 
of New Mexico are clearly in favor of putting in im- 
mediate operation the civil state government lately 
adopted by them by an unheard of unanimity, and to 
be relieved from the sinking, ineffective and abhorrent 
system which they have peacefully respected for 
nearly four years; 

"Resolved: 

"1. That it is the indisputable right of the people, 
in the absence of congressional legislation on the sub- 
ject, to organize a civil government and put it in 
immediate operation. 

"2. That the right of exercising any civil function 
by the commander of the 9th military department (if 
it ever existed) was superseded by the organization 
of the state government. 

"3. That we heartily approve the communication 
despatched by Vice-Governor Alvarez to Colonel 
Munroe, dated Julv, 1850. 



192 THE MILITARY OCCUPATION 

"4. That we heartily approve the intention of 
Governor Alvarez to establish and maintain in opera- 
tion the government just organized. 

"5. That the people have a clear and sacred right 
to take any step to put in operation the state govern- 
ment, and that this right was superior to, and entirely 
independent of, the military government hitherto ex- 
isting in this Territory. 

"<;. That Colonel J. Munroe has no legal or 
other right to restrict the peaceful action of the people 
in organizing a government; nor had he authority, 
either in law, or from the general government, to sub- 
ject i lie action of the late convention to any conditions 
or 1 imitations whatever. 

"7. That the commander has assumed a power not 
delegated to the President of the United States and 
directly in opposition to the expressed principles of 
President Taylor in his reply to the investigations 
made by the congress of the United State.-;. 

"8. That the Secretary of State be required to 
furnish copies of the above preamble and resolutions 
to Colonel J. Munroe, Governor Alvarez and fo the 
Senators and Representatives to congress." 

When these resolutions had been presented to 
Colonel Munroe, and, realizing the earnestness of the 
spirit which prompted their passage, he made formal 
report to the Adjutant General of the Army at Wash- 
ington, Major General R. Jones, in the following 
language: 

"Headquarters 9th Military Department, . 

"Santa Fe\ New Mexico, July 16, 1850. 

"Sir : The political affairs of New Mexico have 
assumed so grave a character that it has become my 



OF THE TERRITORY OF NEW MEXICO. 193 

imperative duty to make the executive of the United 
States acquainted through you with the material fact 
that the new state government, organized so far only 
as to take the preliminary steps towards admission 
into the Union, has assumed to supersede the actual 
government, and go at once into operation. 

"The ratification of the constitution and the elec- 
tion of an executive and legislature by the people was 
held under the proclamation I issued on the 28th day 
of May last, and there has been no official expression 
of their dissent from that instrument, nor any author- 
ity given by them to the governor and legislature to 
act beyond its provisions. 

"Merely adverting to the unadjusted claim of 
Texas and the probability of a territorial organization 
as causes of delay, I have, independent of these ques- 
tions of expediency, decided that my obligations are 
not to acknowledge the authority above assumed, but 
to await the determination of the congress of the 
United States as to the legality of that authority, or 
the orders of the Executive in relation to the course 
I am to pursue. 

"The purpose of the new state government being, 
by the appointment of its officers and other acts, to 
supplant the present establishment with as little delay 
as possible, you will perceive how important it is that 
instructions for my guidance be sent me without loss 
of time. 

"A reasonable delay on the part of the legislature, 
at a time when there is every prospect that the people 
of New Mexico will soon have a government in ac- 
cordance with their wishes, is a policy which I have 
no doubt the New Mexicans in that body would have 



194 THE MILITARY OCCUPATION 

adopted as best suited to their interests, and as re- 
spectful to the government of the United States; but 
opinions have been prepared for them here by those 
having no ties binding them to the Territory, except 
the possession and expectation of office, and, if any 
serious consequences arise from the adoption of their 
advice, will be found safely beyond its limits. 

"Those persons well understand the unstable ele- 
ments of the Mexican character, the general ignorance 
of the people, their manifest dislike (although latent) 
to Americans, and the strong sympathies a large num- 
ber entertain for Mexican institutions and its govern- 
ment, as opposed to that of the United States, yet, 
with this knowledge, they have pursued a course, un- 
derstandingly, from which sooner or later disagreeable 
consequences will undoubtedly arise. 

"As charges, both general and specific, have been 
made, and will be urged at Washington against those 
who have administered the affairs of this Territory, 
an investigation into their conduct is due both to the 
people and themselves. If such an investigation 
should be ordered, I am satisfied it will be shown that 
the persons and property of the inhabitants of New 
Mexico have been protected to the full extent of the 
guaranty provided by the treaty with Mexico. 

"A separate paper will enumerate the documents 
which accompany this communication." 

With all the information concerning the contest 
for power between the people and the military, as pre- 
sented by Colonel Munroe himself, the President di- 
rected the Secretary of War to instruct Colonel Mun- 
roe to abstain from all further interference in the 
civil and political affairs of New Mexico, which in- 
structions are found in the following order: 



OP THE TERRITORY OF NEW MEXICO. 195 

"War Department, Washington, 

"September 10, 1850. 

"Sir: Your letter addressed to the Adjutant Gen- 
eral, dated Santa ¥6, New Mexico, July 16, 1850, having 
reached this department, and, together with the docu- 
ments accompanying the same, been submitted to the 
President, I am directed to make the following reply: 
The President has learned with regret that any mis- 
understanding should exist between a portion of the 
people of New Mexico and yourself in relation to the 
government of that country, and hastens to relieve 
you from the embarrassment in which that misunder- 
standing has placed you. 

"I have now the pleasure to inform you that con- 
gress has at length passed a law providing for the es 
tablishment of a Territorial government in New Mex- 
ico. The President will proceed with the least possible 
delay to organize the government; and, as soon as it 
goes into operation, all controversy as to what is the 
proper government of New Mexico must be at an end, 
and the anomalous state of things which now exists 
there will be determined. You will perceive, however, 
that the same act (a duly authenticated copy of which 
accompanies this communication) also fixes the bound- 
ary between New Mexico and Texas, and that its 
operation is suspended until the assent of Texas shall 
have been given to the boundary established by the 
act. 

"Although there is little doubt that such assent 
will be given, yet, as some time must elapse before it 
can be obtained, it is proper that some instructions 
should be given for your guidance in the interval. 



196 THE MILITARY OCCUPATION 

"It is at all times desirable that the civil and 
military departments of the government should be kept 
entirely distinct. Although circumstances may occa- 
sionally arise which require a temporary departure 
from this principle, that departure should cease with 
the necessity which occasioned it. No necessity seems 
to exist at present for departing from it in regard to 
New Mexico. The country is represented to be tran- 
quil; and, although the inhabitants have undertaken 
to establish a government for themselves without the 
authority of a previous act of congress, nevertheless 
there is no reason to believe that in so doing they in- 
tended to throw off their allegiance to the United 
States; and, as the government they seek to establish 
is entirely consistent with the lawful authority and 
dominion of the United States in and over the Terri- 
tory and its inhabitants, the President does not con- 
sider himself called upon to suppress it by military 
force. Unless, therefore, it should become necessary 
to suppress rebellion, or resist actual hostilities against 
the United States (an event hardly to be apprehended), 
or unless the inhabitants, or a portion of them, should 
demand from you that protection which is guaranteed 
to them by the ninth article of the Treaty of Guadalupe 
Hidalgo, you are directed to abstain from all further 
interference in civil or political affairs of that country. 

"In case you should have any further communica- 
tions to make to this department in relation to the 
civil and political affairs of New Mexico, you will ad- 
dress them directly to the head of this department. 

"0. M. CONRAD, 
"Secretary of War." 



OF THE TERRITORY OP NEW MEXICO. 197 

Matters in New Mexico were believed by the Presi- 
dent and his cabinet to be in so strained a condition, 
owing to the position taken by the commander of the 
ninth military department and his unwarranted mixing 
in the civil and political affairs of the Territory, that 
the President ordered the letter from his Secretary of 
War, Mr. Conrad, sent to Santa FC by special messen- 
ger. At that time, it required only about six weeks for 
a letter to be transmitted from Washington to New 
Mexico, and the orders to Colonel Munroe did not reach 
him until the 22d day of October. The special messen- 
ger, entrusted with the carriage of this letter, was 
Henry Hardy. 

Colonel Munroe, however, did not perform the 
orders of his chief, and kept the people in ignorance 
of the tenor of his instructions and kept on in the per- 
formance of the functions of civil and military gov- 
ernor of the Territory until the organization of the 
territorial government and the installation of Gov- 
ernor Calhoun, which took place in March, 1851. He 
thus kept in power those officials who were unsatis- 
factory to the people ; maintained a government which 
was civil only in name and purely military in all mat- 
ters deemed by the commandant demanding it; a gov- 
ernment which harassed and oppressed the people, 
interfered with their religious worship, disturbing par- 
ishes in the administration of their own churches and 
religious affairs; a government which fined and im- 
prisoned the people without the intervention of juries, 
which taxed them without their consent, which em- 
bezzled the taxes when collected, and which, in one or 
two flagrant cases, scourged them without trial. 63 

03 R. H. Weightman — speech in Congress, 1st Sess. 32d 
Congress. 



198 THE MILITARY OCCUPATION 

Colonel Munroe had unwittingly allied himself 
with a few persons who had impressed him with the 
firm belief that the Mexican people were degraded and 
vicious and always looking for an opportunity to create 
trouble with those in authority. His ideas of govern- 
ment were purely of the sort entertained by almost all 
military officers, and he was jealous of any interference 
with the authority with which he deemed himself 
vested. 

The passage of the act of September 9, 1850, did 
not dispose of the complaints and dissatisfaction which 
existed in the Territory, and it was not until the in- 
auguration of Governor Calhoun, the following spring, 
that the people had any confidence in the government 
which had been promised them at the time of the 
proclamation of General Kearny. 

The first legislative assembly of the Territory of 
New Mexico, pursuant to the provisions of the act of 
September 9, 1850, met at Santa FC on the 2d day of 
June, 1851, and among its enactments was one provid- 
ing "that all laws that have previously been in force in 
this Territory that are not repugnant to or inconsistent 
with the constitution of the United States, the organic 
law of this Territory, or an act passed at the present 
session of the Legislative Assembly, shall be and con- 
tinue in force, excepting in Kearny's Code, the law 
concerning registers of land." 

There had been no substantial reason for the de- 
nial to the people of New Mexico of a territorial form 
of government for so long a period as had intervened 
since the treaty with Mexico. In the first petition for 
admission, the people of New Mexico had declared that 
her people were opposed to slavery. The fact that the 



OF THE TERRITORY OP NEW MEXICO. 199 

domestic institutions of some of the states were dis- 
tasteful to New Mexicans was not a sufficient reason 
for withholding some sort of government other than 
the strange mixture of civil and military which con- 
tinued after the Treaty of Guadalupe Hidalgo. Had 
New Mexico been admitted to the Union in 1850, her 
constitution would have prohibited slavery. There were 
not a thousand residents in the Territory at that time, 
who had been born in the United States, and the 
Mexican population was over sixty-five thousand, all of 
the latter being opposed to slavery, but the factious 
temper of the times was such that the slightest pretext 
for argument gave rise to angry conflict and in the 
light of events transpiring during that period and until 
the actual breaking out of hostilities in the war be- 
tween the States, there was no chance for the admission 
of New Mexico into the Union. 

The true sentiment of the people of JNew Mexico 
was reflected ten years later by her contribution in 
men for the Federal armies, in the great conflict for 
the preservation of the Union and the suppression and 
eradication of an institution which, at the first oppor- 
tunity, in convention assembled, her people had de- 
clared to be obnoxious to all liberty loving citizens. 



BIOGRAPHICAL SKETCHES. 

It was intended, at the time of the commencement 
of the writing of this volume, to incorporate, as far as 
possible, many incidents occurring during the Occupa- 
tion Period, all of which were a part of the story of 
the acts and deeds of the men who were prominent in 
the affairs of New Mexico at that time. This plan was 
found to be impracticable. In order that nothing of 
interest should be omitted, it was deemed wise to bring- 
on I all these events in the form of biographical sketches. 
This has been done with a plainness and a simplicity 
which may recommend it to the general reader and 
certainly to the descendants of those individuals whose 
biographies are presented. The limits within which it 
has been necessary to confine this portion of the volume 
have rendered unavoidable some omissions and occa- 
sional compression; but, on the whole, there has been 
included that which is memorable and interesting. It 
was an essential object to bring in all these events 
within a moderate compass and in a manner available 
for those who have little time for special study or 
reading, and yet ma} 7 reasonably desire to know some- 
thing of the history of the conquest of New Mexico not 
to be gathered from ordinary histories. 

Interesting studies of other men, taking a promi- 
nent part in the affairs of New Mexico at that time, 
might have been included; but their deeds and par- 
ticipation in the events of the period were practically 
the same as those narrated in the sketches which follow. 
It has been believed that this modest effort to place 
within the reach of the public a comprehensive rela- 



MILITARY OCCUPATION OF NEW MEXICO. 201 

tion, carefully based upon the best authority available, 
written entirely without bias or prejudice, will serve 
to rectify, to a great extent, the mistaken opinions 
which have found lodgment in the minds of the Ameri- 
can people relative to the Territory of New Mexico and 
its citizens. 




General Stephen Wi 
From a Picture belonging to his son, lie; 



Kearny. 

S. Kearny, of New York City. 



STEPHEN WATTS KEARNY. 

Stephen Watts Kearny was a student of Columbia 
college, in the City of New York, in 1812, and would 
have graduated in the summer of that year. As soon, 
however, as it became a certainty that war must ensue 
between the United States and Great Britain he applied 
for and obtained a commission in the United States 
army. On the 12th of March, 1812, while still in his 
eighteenth year, he was appointed, from New York. 
First Lieutenant in the Thirteenth United States In- 
fantry. He distinguished himself particularly in storm- 
ing a British battery, and throughout the assault on 
Queenstown Heights, 13th October, 1812. Lieutenant- 
Colonel Christie, commanding his regiment, himself 
wounded in this action, presented young Kearny with 
his sword on the field of battle for the cool and deter- 
mined manner with which he executed the command 
which devolved upon him. A companion in arms states 
that, as 'First Lieutenant of Captain Ogilvie's company, 
he (S. W. K.) enjoyed at an early age the character of 
high promise his after years developed. He was made 
prisoner on this occasion and sent to Quebec, and was 
long detained in captivity. He became Captain in 
April, 1813; Brevet Major in April, 1823, and Major in 
May, 1829. Upon the organization of the First United 
Spates Dragoons he was appointed their Lieutenant- 
Colonel, 4th March, 1833, and Colonel, 4th July, 1836. 
On the 30th of June, 1846, he was commissioned Briga- 
dier-General, was placed in command of the Army of 
the West, and made the conquest of the Territory of 
New Mexico. He received the Brevet of Major-General, 
United States Army, for gallant and meritorious con- 



204: THE MILITARY OCCUPATION 

duct in New Mexico and California, to date from the 
battle of San Pascual, 6th December, 1846, in which he 
was twice wounded. He commanded the combined 
force, consisting of detachments of sailors, marines 
and of dragoons, in the battles of San Gabriel and 
Plains of Mesa, 8th and 9th January, 1847, and was 
Governor of California from the date of his proclama- 
tion, 1st March, 1847, down to June of the same year. 
On the 31st of October, 1848, he fell a victim, at Vera 
Cruz, to illness contracted in the course of his arduous 
service during the Mexican War. Like his nephew, 
Major General Philip Kearny, he died for his country. 

One who knew him well, being competent to judge, 
said: "If ever there was a man whom I considered 
really chivalrous, in fact, a man in all that noble term 
conveys, that natural soldier and gentleman was Ste- 
phen Watts Kearny." 

He was descended from chivalric ancestors. He 
was the son of Philip Kearny and Lady Barney Dexter 
(Kavaud) Kearny, his wife. The founder of the family 
in America was Michael Kearny, who came from Ire- 
land and settled in Monmouth, N. J., prior to 1716. 
Among his ancestors were the DeLanceys, glorious sol- 
diers for ages. John Watts, Senior, married Anne, the 
second daughter of Stephen De Lancey, who immi- 
grated to New York in 1686. They were his grand- 
parents and the great-grandparents of Major General 
Philip Kearny. Their youngest son, Stephen, com- 
manded the First Battalion, New York Volunteers, 
during the War of the Revolution. 

In the unfortunate controversy which arose in Cali- 
fornia between General Kearny and Commodore Stock- 
ton, Colonel Fremont was involved. General Kearnv 



OF THE TERRITORY OF NEW MEXICO. 205 

deemed it his duty to arrest Colonel Fremont and pre- 
fer charges against him, which he did, the result of 
which was the court-martial which tried and convicted 
Colonel Fremont. Colonel Fremont was the son-in-law 
of Senator Thomas H. Benton. Senator Benton de- 
veloped an enmity towards General Kearny such as he 
only could hold. No more uncompromising man than 
Benton ever lived. No man ever in public life was more 
intolerant, and often he was, despite his greatness, rash 
and unreasonable. The conviction of Fremont was the 
cause of Benton's hatred of Kearny. No one can read 
the correspondence between General Kearny, Commo- 
dore Stockton and Fremont without a feeling that Gen- 
eral Kearny maintained his position well. The con- 
troversy was very distasteful to General Kearny, but 
he believed the instructions given him had placed upon 
him a great responsibility, and he believed that he was 
acting as the personal representative of the President 
of the United States. He would not surrender any part 
of the prerogatives entrusted to his care. He acted 
solely from a sense of duty. He was a faithful officer, 
devoted to his duty, and was always trusted by his 
government. 






Donaciano Vigil, Second Governor of New Mexico. 



DONACIANO VIGIL. 

The ancestors of Donaciano Vigil came from 
Spain, were of limited means, and without the power 
and influence which accompanied wealth, even in the 
eighteenth century. His parents were Don Juan Cris- 
tobal Vigil and Dona Maria Antonia Marin. His 
father, while of liberal education, was a soldier, and 
fought in many Indian campaigns in New Mexico. 
From 1815 to 1821 he was an Alcalde of the first in- 
stance, an official having about the same jurisdiction 
and authority as a judge of our district courts. 

Donaciano Vigil was born in Santa F£, the capital 
of the province of New Mexico, on the 6th day of Sep- 
tember, 1802. He bad an older brother, Juan, and 
two sisters. 

Education under the Spanish regime was under a 
strict censorship, and very much restricted in curricu- 
lum. A reverend Father, who was master of ancient 
languages, but ignorant of the first principles of mathe- 
matics and other sciences, explained this enigma to 
Captain Zebulon Pike, U. S. A., when that officer was 
in Santa F6 in 1807, by informing him of the care "the 
Spanish government took to prevent any branch of 
science from being made a pursuit, which would have a 
tendency to extend the views of the subjects in the prov- 
inces to the geography of their country, or any other 
subject which would bring to view a comparison of their 
local advantages and situations with other countries." 

In addition to this mistaken policy of the Spanish 
government, there were no schools worthy of the name 
in the province of New Mexico provided with teachers 
capable even in the branches permitted to be taught. 



20S THE MILITARY OCCUPATION 

About this time — 1S11 — the magnificent sum of eight 
hundred dollars had been expended by the government 
of New Mexico in the conduct of two so-called public- 
schools, one at Santa Fe and the other at San Miguel. 64 
Opportunities for education proper in those times were 
limited to home instruction. Fortunately the father of 
Donaciano Vigil was educated, and fully appreciated 
the advantages of an education to his children. He 
gave them instruction and reviewed their studies as 
they advanced. Donaciano and his brother Juan, as 
also a cousin, Juan Bautista Vigil y Alarid, had a 
natural liking for books and study, and naturally were 
men of brilliant minds. Accelerating the instruction 
received at home by availing themselves of the limited 
supply of books in those times among their friends and 
neighbors, they soon became well grounded in the his- 
tory of their country and time. Their superior attain- 
ments soon brought their services into demand in posi- 
tions of responsibility and trust. It was a current re- 
mark among those most familiar with men and times 
under the Republic of Mexico that Donaciano Vigil and 
his brother, Juan, were among the best educated men in 
public life in the department. Juan had served in the 
provincial assembly, and had frequently been called 
to other positions of trust and responsibility in local 
affairs. 

Donaciano Vigil was married at Santa Fe", the 
marriage ceremony having been performed by the Very 
Reverend A'icar, Juan Felipe Ortiz. The union was 
blessed with ten children, of whom five, all boys, grew 
to manhood. Antonio B. was appointed a cadet to the 
Military Academy in the City of Mexico in 1841, was 



"Manuscript copy of report of Pedro Bautista Pino to 
King of Spain, Nov. 12, 1811; in possession of author. 



OF THE TERRITORY OF NEW MEXICO. 209 

commissioned a lieutenant and served in the Mexican 
army during the Mexican War; was engaged in the 
battle of Palo Alto, and returned to New Mexico in 
1848. Jose Epifanio was at one time auditor of public 
accounts of the Territory of New Mexico, and held 
many other positions of trust and profit under the Ter- 
ritorial government, and died at Santa F£, beloved and 
respected by all who knew him. Antonio B, with the 
other sons, Desiderio, Hermenijildo and Epitacio, re- 
sided at Pecos, in San Miguel county, and during their 
lives were engaged in stockraising and agricultural pur- 
suits. Don Heremenijildo Vigil served in the Legisla- 
tive council from San Miguel county in 1890. Desiderio 
and Epitacio served during the war of the rebellion of 
1861-65, respectively, three years in the First New 
Mexico Infantry and six months in the Second New 
Mexico Infantry. 

The Vigil homestead in Santa Fe, where the old 
governor, and the judge, his father before him, resided, 
is near the old Guadalupe church, on the banks of the 
Rio de Santa Fe. It was a retired, quiet retreat, once 
abounding in magnificent trees, planted by the hands 
of Judge Vigil. It was here that Governor Vigil lived 
with his amiable consort during the heyday of his dis- 
tinguished career, and until he removed in 1855 to his 
ranch on the Pecos river, some twenty-five miles to the 
southeast of Santa Fe\ In the year 1823 he made his 
reputation as an intrepid Indian fighter, having been 
engaged during that year and taking a leading part in 
a campaign against the Navajos, whose warriors had 
been raiding the valley of the Rio Grande. In the years 
1833 and 1836, respectively, he again participated in 
the chastisement of this powerful tribe. 



210 THE MILITARY OCCUPATION 

The insurrection of 1837 found Vigil a military 
prisoner in the citarto de los venderas, at the Palace, 
where, it may be remarked, many distinguished people 
had been held in duress, including a former Territorial 
governor of New Mexico, Merriweather, in 1821. 

The circumstances under which he thus became a 
prisoner, briefly stated, may serve to indicate a sturdy 
characteristic. The military forces in the department 
at that date, in consequence of there being no money 
to pay them, had been temporarily discharged, so as 
to allow them to return to their homes or to engage in 
such pursuits as they might be able to find, and thus 
gain that subsistence which the government had ac- 
knowledged itself unable to furnish. 

Vigil had found employment in the store of one, 
Tomas Valencia, a merchant of Santa F6, as a clerk, 
receiving imperative instructions that he was to credit 
no person whatever. While thus employed, and a short 
time previous to the insurrection against Perez, Cap- 
tain Cavallero, commandant of the forces in New Mex- 
ico, called at the store and demanded credit. Vigil 
explained the nature of his instructions, but the Cap- 
tain persisted, even to abuse and personal violence. 
In the latter, however, the belligerent captain found 
himself second best, in that the future governor of New 
Mexico gathered him in his arms and put him outside 
the store room. Taking a cowardly advantage of the 
relations then existing, Vigil still being a sergeant in 
the army, the captain, as "Comniandante," issued an 
order placing Vigil under arrest for assaulting his 
superior officer. And thus, as before indicated, Gov- 
ernor Perez found Sergeant Vigil, while the insurrec- 
tionary hordes were descending upon him from the 



OF THE TERRITORY OP NEW MEXICO. 211 

North. He was released, and, with the few others who 
still stood by the ill-fated governor, accompanied him 
in a forlorn hope to the Canada, where, meeting the 
insurrectionists, Governor Perez was defeated by over- 
powering numbers, Perez, with a few followers, barely 
escaping, while Vigil, with many others, was taken 
prisoner, confined at Santa Cruz and placed in man- 
acles of rawhide. The revolutionary forces were largely 
composed of Pueblo Indians, who were highly excited 
and turbulent under the vicious and designing misrep- 
resentations which had incited the uprising. Thus 
situated, the prisoners were in constant expectation of 
being summarily put to death. 

In a few days, however, and immediately following 
the assassination of Governor Perez, and the issuing of 
a pronunciamento by the insurgent commander, declar- 
ing himself provisional governor, an order came from 
the latter for the removal of Vigil from Santa Cruz 
to Santa Fe', where he was set at liberty. It was be- 
lieved by Vigil that this clemency was owing largely 
to the fact of his unjust incarceration by Cavallero. 
Sergeant Vigil, after visiting his family, reported to 
Captain Ronquillo, of his company, for duty. Ron- 
quillo, however, said to him that he was alone and 
powerless; that the insurgents were in full possession 
of the capital, and that he was at liberty to pursue 
such a course as, in his judgment, was best, in view of 
the situation. 

In the meantime, the Provisional Governor had 
called a meeting of the citizens generally to meet in 
the portal of the Palace, to consider the exigencies of 
the situation. Among those present and participating 
were the Fr. Antonio Jose Martinez, Manuel Armijo 



212 THE MILITARY OCCUPATION 

and Juan Jose Esquibel, who were appointed a com- 
mittee to draft a statement of the grievances of the 
people and their loyalty, by them to be presented to 
the Supreme Government of Mexico. The proceedings 
of the meeting also show that the following named 
officers were authorized to sign and authenticate the 
statement, who were : "His Excellency, the Acting Gov- 
ernor, Jose Gonzales; the Commanding General, the 
Inspector, Jose Ma. Ronquillo; and the Acting Secre- 
tary, Sergeant Donaciano Vigil." This meeting was 
held on the 27th and 28th days of August, 1837, being 
eighteen days after the assassination of Governor 
Perez. It is proper to state that in the month of Janu- 
ary following, on the 28th, Manuel Armijo, who was 
present at this meeting, having enlisted a force of some 
six hundred men in the Rio Abajo (Valley of the Rio 
Grande), executed a coup de main on the government 
of Gonzales, shot him, caused others to be executed, and 
then, in turn, issued his pronunciamento, proclaiming 
himself governor. A few months later, Armijo having 
gone to the City of Mexico and presented his own case, 
returned with an appointment as governor of the 
Territory. 

In 1838, Vigil led another expedition against the 
Navajos. In the meantime he had been elected a mem- 
ber of the Departmental Assembly. It was about this 
time, also, that Captain Cavallero emerged from his 
hiding place and again demonstrated his soldierly qual- 
ities by ordering the arrest of Vigil on the old charges, 
and he was again placed in the Palace. 

On the 19th of September, 1839, however, Governor 
Armijo ordered his release and gave him a detail as 
Military Secretary, the Governor remarking to the 



OP THE TERRITORY OF NEW MEXICO. 213 

Secretary : "Let Cavallero and all your enemies do 
their best; I will stand by you." Thus ended this 
cowardly persecution. 

It is a peculiar factor in the career of Governor 
Armijo, that while Vigil was frequently found standing 
as a bulwark between Armijo and the people, with all 
the courage of conviction, risking even his life against 
his autocratic policy and oppressions, Armijo soon 
came to acknowledge his strength among the people, by 
yielding to his advice at times, and to appreciate the 
value of maintaining friendly relations, by his respect- 
ful bearing toward Vigil, and in having him detailed 
for service in his immediate office. As a rule, he was 
overbearing and despotic in the extreme to those 
around him or whom he suspected of being opposed to 
him. Except at brief intervals, Vigil remained as 
private and Military Secretary at the office of the 
executive until the 8th day of December, 1843, at 
which date he retired with a change of administration. 

In the meantime, however, he had been promoted, 
in 1841, to Ensign in the company of Taos ; in the year 
following, to First Lieutenant of his old company of 
El Bado; for gallant services in the capture of the 
Texas invaders, the same year, brevetted captain and, 
under date of April 18, 1842, was commissioDed Cap- 
tain of his company by President Santa Ana. In 1843 
he was a second time elected to the Departmental As- 
sembly. In 1845 he was sent to Chihuahua to purchase 
military supplies. His mission, by reason of the press- 
ing local demand to meet the advance of General Tay- 
lor, with the forces of the United States on the Rio 
Grande, at the breaking out of the war with Mexico, 
was unsuccessful. While thus engaged, he was assigned 



214 THE MILITARY OCCUPATION 

by Governor Trias to the command of the garrison at 
Chihuahua and served for several months in that ca- 
pacity. Upon his return to New Mexico he was detailed 
on the general staff of the Governor and Commanding 
General of the department for duty at headquarters, 
and thus served until the near approach of the Army 
of the West under- General Kearny, in August, 1846, 
made his presence in the field necessary. 

Volunteers had promptly responded to the call of 
General Armijo, which, with the dragoons and garrison 
troops in eainp at and near Santa Fe", augmented his 
forces to four thousand men. Most of this force was 
mounted and all provided with arms and ammunition. 
With the approach of the troops under General Kearny, 
Armijo concentrated his command in the Apache Can- 
yon and in the mountains to the southeast of Santa F6, 
a location most admirably chosen for purposes of de- 
fense. General Armijo had proclaimed at public meet- 
ings and elsewhere, when the subject of ways and 
means was being discussed for repelling the advancing 
army from the east, that he was willing to sacrifice 
his life and property in the defense of his country. 
The troops of Armijo had all gathered at the Apache 
Canyon, as contemplated, and Captain Vigil was giving 
his cordial co-operation and support, very properly 
believing their position impregnable, under a deter- 
mined stand and intelligent direction. 

Word finally came that the American army, fifteen 
hundred strong, was only five leagues distant. General 
Armijo immediately summoned a council of the officers 
of the regular troops. He was told, as he had been 
previously by a council of the volunteers and citizens, 
''that they should march at once, meet the enemy and 



OF THE TERRITORY OF NEW MEXICO. 215 

give them battle; which being made known to the 
troops was received with shouts and acclamations of 
pleasure." Whereupon Armijo responded that he had 
resolved to advance ; but as soon as the citizens had 
retired, he ordered the dragoons to countermarch, tak- 
ing with them the artillery, of which he had three 
pieces. His object soon being apparent, to the protests 
of the officers, he responded with gross abuse, telling 
them, among other things, that they were cowards, and 
that he would not risk a battle where the only disci- 
pline and experience of a large portion of the men was 
that gained in fighting Indians. He was told that 
"he knew the character and discipline of his men as 
well before as after ordering them out! They had all 
expressed their willingness to fight and it was his duty 
to lead ! If it was not his purpose to engage the enemy, 
why had he ordered them in the field?" 

It was all to no purpose, however. He ordered all, 
except the dragoons, to return to their homes. The 
latter were ordered south, following the line of the 
mountains south of Santa F6" to the valley of the Rio 
Grande. General Armijo, with a body guard of 
dragoons, took the advance for Chihuahua. It had 
been determined, in the event of retreat becoming neces- 
sary, that Captain Vigil should accompany General 
Armijo as far as Socorro. Under the circumstances, 
he peremptorily declined, not choosing to subject him- 
self and men to the caprice of one who had just proved 
himself so much of a poltroon, notwithstanding the 
generally pleasant relations existing between them in 
the past. 

Keenly feeling the disgrace to his country in the 
conduct of Armijo and the hopelessness of stability 



216 THE MILITARY OCCUPATION 

under the Mexican government ; aggravated by a knowl- 
edge of the shameless peculations of those in control 
of the government, and the chronic oppression which 
rested upon the masses of the people, Captain Vigil 
naturally concluded there might be relief for his people 
in the coming of the army of the United States. He 
naturally loved liberty for liberty's sake. He realized 
that the reforms under the Republic of Mexico, so often 
promised, would never be realized. His familiar inter- 
course during the generation previous with. the Santa 
Fe trader, with "Americans" fresh from the "States," 
doubtless contributed to the determination of his 
course. Pride pointed in one direction; duty in the 
other. The latter prevailed and he promptly resigned 
his commission as Captain, to submit to what was not 
only best for his people, but to the then inevitable. His 
first act, following his resignation, was to consult with 
his friends and counsel non-resistance and to prepare 
a proclamation or address to the people assuring safety 
in person and recommending a yielding to the forces 
of the United States. This proclamation was signed 
by the Secretary and acting governor and published. 
The present effect was to allay fears and the staying 
of any power for evil which otherwise might have been 
possible under the lead of some of the ambitious men 
at that time living at the capital. There is small doubt 
that the occupation of the Capital by General Kearny, 
without the loss of life in bloody conflict was largely 
due to the sagacious foresight and patriotic action of 
Captain Vigil. 

There is also some significance in the fact that 
Juan Bautista Vigil y Alarid, a cousin of Donaciano's, 
the last Secretary under the Mexican government, and 



OP THE TERRITORY OP NEW MEXICO. 217 

after the flight of Armijo, the last executive, formally 
turned over the city to General Kearny, took the oath 
of allegiance to the government of the United States 
and continued to act as secretary up to the formal 
promulgation of the civil government, under the code 
of laws prepared by General Kearny, on September 22, 
1846, and the appointment of civil officials. 

Charles Bent, an American merchant, who for 
many years had been familiar with the country, the 
people and their language, his wife a native of the 
country, was very properly selected for chief execu- 
tive. Next in rank was the Secretary of the Territory. 
For this office Donaciano Vigil was selected, as not only 
having given the highest evidence of his friendship for 
the United States government, but as combining the 
qualities of natural love for liberty, popularity among 
the masses of the people, and ability. His perfect 
familiarity with the country, the people and its re- 
sources made him of the highest possible advantage in 
council and to General Kearny and his successors. 

His subtleness in discovering conspiracy became 
proverbial, and brought down on his devoted head mob 
violence and a necessity for guarding his movements. 
For a time a guard was regularly detailed for service 
at his office, and for nearly two years his friends would 
not permit him to appear on the street without an eye 
to surroundings. The plot of December, 1846, for an 
uprising against the new government was by him dis- 
covered, and, as a consequence, at the time defeated. 
In like manner other plots were discovered and de- 
feated. In this he was materially aided by the "com- 
mon people," who remained from the first his steadfast 
friends. Nothing seriouslv detrimental to the new gov- 



218 THE MILITARY OCCUPATION 

ernment was ever attempted during the time he was 
connected with the Territorial government but what he 
was advised of the movement in advance. The people, 
in contradistinction to the leaders and their immediate 
friends, were specially interested in the permanent 
establishment of the new order of things. Under the 
new they had everything to gain; with the old there 
was nothing to hope for. 

In January, 1847, disturbance seemed imminent at 
Taos ; the malcontents had succeeded in stirring up dis- 
content and dissensions among the Pueblo Indians and 
the more ignorant and vicious classes in remote dis- 
tricts. Governor Bent thought to allay the growing 
storm by appearing in person among those with whom 
he had lived for years, never doubting that his personal 
influence would be equal to any emergency. 

His friends sought to prevail upon him not to go 
to Taos until the troops could be sent with him. Secre- 
tary Vigil advised him that his undertaking was rash, 
and begged him not to think of it. Governor Bent per- 
sisted, however, and the result was a verification of 
their worst fears. The sad intelligence soon returned 
of his assassination, and that the storm of insurrection 
had come and was rapidly spreading. The regular 
troops that could be spared from Santa F^, with a con- 
siderable force of volunteers, immediately took up the 
line of march to the seat of war. The troops were met 
near Canada by the insurgent force, where, after a 
battle lasting all day, they were defeated and driven 
to Embudo, and from that place to Taos, where a stand 
was made for a time, but were finally given a crushing 
defeat. 



OP THE TERRITORY OF NEW MEXICO. 219 

Secretary Vigil, by virtue of his office, succeeded 
Governor Bent, and a few months later was appointed 
governor, as appears from the following order : 

"Headquarters Ninth Military Department, 
"Santa F6, December 17, 1847. 
"General Orders No. 10. 

"Lieutenant Governor Donaciano Vigil is hereby 
appointed Civil Governor of the Territory of New 
Mexico. 

"By order of Brig. Gen. S. Price. 

"W. E. PRINCE, 
"A. D. C. and A. A. Adj't Gen." 

The appointment was confirmed at Washington, 
and Governor Vigil remained the chief executive of 
New Mexico until the office was merged into that of 
the Department Commander, following the cessation 
of hostilities. Among the first acts as governor was 
the issuing of a proclamation deprecating the assassi- 
nation of Governor Bent, and bidding for the appre- 
hension of the chief conspirators. 

It was contemplated in the proclamations of Gen- 
eral Kearny that New Mexico should have a Legislative 
Assembly, and, in accordance with this idea, in re- 
sponse to repeated petitions from many sources, in the 
summer of 1847, Governor Vigil issued a proclamation 
for an election. Members were elected and the first 
deliberative body convened in New Mexico, under the 
United States government, met at Santa Fe on the 6th 
day of December, 1847, on which date Governor Vigil 
delivered his first message. 

This message, coming as it did from a native of the 
country, can not be regarded as otherwise than memor- 



220 THE MILITARY OCCUPATION . 

able. It is a document that will ever be read with 
interest, particularly for its comprehensive and ethical 
spirit. 

Not the least feature is that contemplating "free- 
dom from revolutions and internal dissensions, the 
security of person and property'' and the prosperity 
that must follow. 

Among the subjects treated which will be appre- 
ciated by those familiar with the gross irregularities 
ingrained in society and the entire administration 
under the Mexican government, he calls attention to 
the necessity of limiting and defining the powers of pre- 
fects and the holding of these officials to a stricter 
accountability in the handling of public funds; the 
necessity for some provision of law to prevent the de- 
frauding of the revenue and also the defrauding of the 
Pueblo Indians; that cemeteries should be left to local 
control, open to all and to optional religious cere- 
monials at burials, and a more equitable distribution 
of the water for irrigation, whereby the poor man, with 
his small tract, should be placed on an equality with 
the rich man and his broad acres. 

A large portion of the message is devoted to educa- 
tion; to the almost entire absence of schools, of their 
imperative necessity among a free people, and advocat- 
ing such legislation as would secure free schools for the 
masses. On this subject Governor Vigil said : "In the 
contemplation of the institutions of a free people by 
those who do not enjoy the same benefits they perceive, 
as by instinct, that they, too, have rights, and they 
meditate over it until they assert them, value and enjoy 
them. It is only through the diffusion of knowledge 
that a people are enabled to follow the example of those 



OF THE TERRITORY OF NEW MEXICO. UZ1 

nations whose wise policy shows itself in the higher 
intelligence and happiness of its people. The world 
generally is progressive, and how can we avail ourselves 
of the advancement unless the people are educated ?" 

Governor Vigil was found on the side of the people 
as against the imperious exactions and oppressions of 
the priests, as well as against those of the politicians, 
both of whom were alike resting as an incubus upon 
the country in 1846, rock-rooted and moss-grown, in 
contradistinction of the most sacred rights and privi- 
leges of humanity, by the authority and prestige of 
nearly three centuries of church and state combined. 
Not only his voice, but his pen, were frequently brought 
to this service, as sundry pamphlets and newspaper 
articles still extant attest. He found no fault with the 
people for their unfortunate surroundings. He re- 
garded the situation as the result of a vicious system, 
for which they were not responsible, and which was 
their misfortune. 

He had an abiding faith that, with enlarged pow- 
ers, with education, as free men, they would relegate 
this system to the rear and, in the end, entirely free 
themselves from their oppressors. He freely sought to 
impress upon his people their duties, under the en- 
larged powers coming with the government of the 
United States, together with the right of free discus- 
sion. He had no concern for that sentiment which is 
expressed in "there are many things which, however 
well they may be known, must never be mentioned," 
when applied adversely either to the state or to the 
material interests of society. He believed with the old 
reformers that the best safeguard of a free people un- 
der a free government was free speech and free dis- 



ZlA THE MILITARY OCCUPATION 

cussion. On this account, in all his acts as an official, 
he was constantly grappling' with and laving- bare 
whatever affected human rights adversely; confront- 
ing alike all leaders, whatever their cast or profession, 
whenever their influence was cast in derogation of lib- 
erty, either in the person or the conscience. 

Governor Vigil lived to see his hopes and predic- 
tions largely consummated. The population of New 
Mexico more than doubled from the time of the coming 
of Kearny until his death. Educational facilities were 
extended. The nomadic Indian tribes were no longer 
a terror to the border settlers. Mail routes and tele- 
graph lines stretched in every direction, and the rail- 
road had already touched the northern boundary line 
of the Territory. The old -Santa Fe Trail" had passed 
into history. 

On the 11th day of October, 1848, Governor Vigil 
was succeeded by Lieutenant Colonel Washington, as 
civil and military governor and commandant of the 
department. By request. Governor Vigil accepted a re- 
appointment as Secretary of the Territory, and in this 
capacity continued to serve the Territory with the same 
interest and efficiency as in the past, and until the for- 
mal organization of the Territory on the 3rd day of 
March, 1851. 

A convention had been called to consider the form 
of government desirable, and whether with or without 
slavery. This convention met at Santa F6 the day fol- 
lowing the inauguration of Governor Washington. The 
late governor had been elected a member of this con- 
vention from Santa Fe\ Here, again, when the now 
well known fact is considered that the acquisition of 
New Mexico and California had as a special object 



OP THE TERRITORY OF NEW MEXICO. 223 

with some of the statesmen of the day the formation 
of several additional slave states, the power and influ- 
ence of Governor Vigil was felt for the good of the 
entire people. In the committee to draft a memorial 
to congress, of which he was a member, he proved to 
be the controlling spirit, securing the insertion in and 
adoption of a report declaring distinctly in favor of 
a "Territorial civil government," and that "We do not 
desire to have domestic slavery within our borders." 
The report of the committee was adopted and finally 
signed by every member of the convention. He was 
also opposed to the peonage system. 

When Chief Justice Grafton Baker was about 
holding the first district court at Santa F6 under the 
organic act, it was the intention to use the Castrensa or 
military chapel, then located on the south side of the 
plaza, for a court room. This was an act wherein 
Governor Vigil felt that the rights or ancient usages 
of the church and of the people were being unneces- 
sarily trampled upon. It came to the attention of the 
court on the empaneling of the grand jury. Governor 
Vigil, being one of the number summoned, objected to 
being sworn, for the reason that "the court was being 
held in a place consecrated to sacred objects; that the 
forefathers of himself and many others present were 
there buried; that with all due respect to the civil au- 
thority he protested against the use of the chapel for 
civil purposes, and begged to be excused from serving 
the court where he could not help feeling that he was 
treading upon the ashes of his ancestors." His protest 
and request were deemed reasonable and were re- 
spected, and a room in the old palace was assigned for 
the use of the court thereafter. 



221 THE MILITARY OCCUPATION 

With the establishment of the diocese of Santa 
Fe" in 1850 and the coming of Bishop J. B. Larny, with 
the radical changes following, also came in time for- 
midable opposition from the old clergy and their ad- 
herents, in one instance, at least, resulting in riot and 
violence. Here the good offices of Governor Vigil were 
again made manifest in allaying asperities, counseling 
moderation and in a final yielding to the new episco- 
pate authority. Thus was Donaciano Vigil — ever aim- 
ing to be just, whatever the interest affected, whether 
that of the people, the government, of religion or of the 
clergy. 

Under the organic act he was elected repeatedly 
to the Legislative Assembly, and was a member, re- 
spectively, for the House, first session (1851-1852) ; to 
(lie Council of the seventh, eighth, thirteenth and four- 
teenth sessions, the last being in 1861-65. 

In legislative matters Governor Vigil was as much 
the ''watchdog," so to speak, as could be imagined. 
He was dreaded in the partisan or factional caucus, 
and, as a consequence, was sometimes left out when 
some sort of legislative jobbery was contemplated. A 
politician of the predatory sort once said of Governor 
Vigil : "Oh ! He is a nice, clever old gentleman, but 
rather impracticable from my point of view. I always 
noticed, when he was a member of the assembly, that 
when any matter of 'special importance' was under 
consideration at any of the 'juntas,' that he was liable 
to be left out." The "old gentleman" could not have re- 
ceived a higher compliment. He was known to be fair 
and honest. In politics, up to 1855, he had generally 
been with the Democratic party. After that time he 
took no really active part in politics, but always re- 



OF THE TERRITORY OP NEW MEXICO. 225 

inained a firm friend of the Union and the government. 
At no time in his official career can he be said to have 
been a partisan. 

In May, 1853, he, with Samuel Ellison, was com- 
missioned by Governor William Carr Lane to proceed 
to the Navajo country to procure certain captives, and 
incidentally secure, if possible, the return of certain 
stock that had been stolen. This commission was very 
successful, securing the restoration to their friends of 
a number of women and children, although at first the 
Indians maintained a very defiant attitude. His last 
official position was that of school director in San 
Miguel county, under the school law of 1871-'72. While 
the infirmities of age made it quite impossible to be 
very active, he retained a lively interest in public 
schools to the very last. He was always watchful of 
the course of legislation in educational matters. 

During the war of the rebellion he was a staunch, 
uncompromising Union man. In person he was tall 
and stately, a powerful frame, and very dignified. He 
was very cheerful in conversation and was always 
courteous and kind. At sight he impressed others as 
being a person of no ordinary character. He was very 
liberal in his charities; for months at a time, while 
Secretary and Governor, he dispensed the larger por- 
tion of his salary to the poor, although himself a very 
poor man. All the old residents agree as to his uni- 
form integrity, courtesy and high sense of honor. 

In 1849 Governor Vigil was asked by Colonel John 
Munroe, at the time commander of the ninth military 
department, what were his feelings toward the Mexi- 
can government, when resigning his commission and 
recommending his people to submit to the forces of the 



226 THE MILITARY OCCUPATION 

United States. Governor Vigil replied : "I felt very 
much as a son would feel towards a father who had 
given him little or no attention in his youthful days, 
except as he exacted his hard earnings, and left him 
to shift for himself when in trouble." 

Governor Vigil died at the residence of his son, 
Epifanio, in the city of Santa F£, on Saturday, the 
11th day of August, 1877, at 6 :45 a. in., aged 75 years. 
A combination of asthma and hernia, which had trou- 
bled him, more or less, for many years, doubtless was 
the immediate cause of his death. He retained his 
faculties to the last, expressed resignation to his fate 
and expired without a struggle or convulsion. 

There are no two opinions as to his high character, 
patriotism and sagacity. His power and influence were 
that of the man, not of wealth or family. All joined 
in paying tribute to his memory. The response to the 
proclamation of the governor, announcing his death, 
and calling a meeting at the legislative hall to pay the 
honors due at the obsequies of the illustrious deceased, 
was responded to promptly and generally, but particu- 
larly by those who had longest known him. The old 
citizens, the civil and military officers, the merchants, 
the native and eastern population, everybody, turned 
out on short notice. It was by far the largest and 
most distinguished gathering ever witnessed in New 
Mexico. It was the hearty acknowledgment and trib- 
ute of man's best nature to a late distinguished citizen, 
officer and true man. His remains lay in state, draped 
with the flag of his adopted country, in the old Palace, 
just where he had been almost uninterruptedly for half 
a century, intimately and honorably associated with 
the affairs of New Mexico. A military guard was in 



OF THE TERRITORY OP NEW MEXICO. 227 

attendance, detailed from the military headquarters of 
the district, and flags were at half staff at the executive 
office, the post and at military headquarters. The 
obsequies were held at the cathedral and an immense 
concourse of friends, military and civil officers and 
citizens generally followed the remains to the grave. 

The history of the career of Donaciano Vigil, the 
firm friend of liberty and humanity, belongs to the 
people of New Mexico. His is a record of which the 
people may be proud ; a record which all lovers of free 
government will the more delight to honor as time 
elapses and his distinguished merits are best under- 
stood. It is a record which the native son of New 
Mexico should ever try to emulate. 

A very large public meeting was held in Santa F6, 
on the daj' of the death of Governor Vigil, called by the 
proclamation of the governor. This meeting adopted 
resolutions, prepared by Hon. Stephen B. Elkins, which 
show the esteem in which the late governor was held by 
the people with whom he had lived for seventy -five 
years; the resolutions follow: 

"Whereas, The people of New Mexico, being de- 
sirous of recording the high appreciation of the great 
worth of Donaciano Vigil, as a citizen and official, and 
bearing testimony to his many virtues; therefore, be it 

"Resolved, That the people of New Mexico have 
received, with deepest regret, the sad intelligence of 
the death of Governor Donaciano Vigil, who, for more 
than fifty years, was a distinguished and worthy citizen 
of the Territory. 

"Resolved, That it is with sorrow we part with the 
deceased, distinguished for his administrative ability, 
his perfect integrity, just in the exercise of his preroga- 



228 MILITARY OCCUPATION OP NEW MEXICO. 

fives, when governor of the Territory ; respected by all, 
beloved for his kindness of heart, his memory will con- 
tinue green with his friends and the people, as one who 
was the type of a perfect gentleman. 

"Resolved, That while we bow our heads in humble 
submission to the unerring will of Providence in sever- 
ing a tie so closely welded b} 7 long }^ears of intimacy 
with the deceased, in a frontier Territory, so incident 
with danger and severe trials during many years of his 
life, we tender our sincere sympathy and condolence to 
his family, assuring them that the entire community 
shares with them in their great loss ; be it further 

"Resolved. That a copy of these resolutions, with 
the proceedings of the meeting, be furnished the family 
of the deceased, and published in all of the papers of 
the Territory." 



^#;pi«s 




Willard P. Hall. 



WILLARD PREBLE HALL. 

Willard Preble Hall was born at Harper's Ferry, 
Virginia, May 9, 1820. He was of Puritan descent, 
bis ancestors having emigrated to Massachusetts from 
England in 1084. In bis ancestral lines, both paternal 
and maternal, were many of the eminent judges, law- 
yers and divines of England. His father was a man 
of remarkable mechanical and scientific attainments, 
and a celebrated inventor. His preliminary education 
was had at Baltimore, Maryland, and be graduated 
from Yale college in the class of 1839 — the same class 
in which were William M. Evarts and several other 
eminent nun. 

In L840, he came l<» .Missouri and studied law with 
his brother, Judge William A. Hall, of Randolph 
county. In 1841, he moved to Platte county, and set- 
tled at Sparta, the county seat. A glimpse of him as 
he was then is given by an old resident of Platte City, 
with whom he stopped over night on his trip from Ran- 
dolph to Sparta. He described him as a pale, delicate 
youth, dressed in blue jeans, mounted on a pony, with 
a pair of leather saddle bags, containing his wardrobe 
and library. In 1843, he moved to Saint Joseph, which 
was his home during the remainder of his life. 

He stepped into immediate prominence in his pro- 
fession and in politics. In 1843, he was appointed cir- 
cuit attorney, succeeding a very capable officer. Gen- 
eral Doniphan, speaking of him at this period, says : 
"He succeeded at once. System and order and logical 
arrangement were natural with him. He had the crim- 
inal law, and especially the statutes of the state, at his 



MILITARY OCCUPATION OP NEW MEXICO. 231 

fingers 7 ends, and could refer readily to them in a 
moment's time. Plain and simple in his manners as 
a child, naturally frank and easy with everyone, he 
soon became a favorite, and from his youthful appear- 
ance, even a pet with his older friends. He was a very 
efficient and a very conscientious officer. He prevented 
grand juries from presenting anything that could not 
be sustained, and prosecuted, with great energy, those 
he believed guilty. 

In 1844, he was one of the candidates on the Demo- 
cratic electoral ticket, and canvassed western Missouri 
north of the Missouri river on behalf of Polk and 
Dallas, and the annexation of Texas. Doniphan was 
the Whig candidate for the same office, and was always 
his antagonist in this canvass. To those who knew 
what northwest Missouri was in those days, and what 
Doniphan was in his prime, it would be unnecessary, 
to those who did not know them it would be impossible, 
to explain what it meant for this stripling of twenty- 
four years to meet that matchless orator before a peo- 
ple who loved and honored him as Doniphan was loved 
and honored in northwest Missouri. How well he 
maintained himself in the contest is best shown by the 
fact that he won the unqualified praise and admiration 
of Doniphan, and as the result was made the nominee 
of his party for Congress, in 1846, over the heads of 
many able veterans of his party. 

The great issue in the canvass of 1844 was the 
question of the annexation of Texas. In his canvass 
for congress in the spring of 1846 Mr. Hall was taunted 
with the fact that the policy of annexation which he 
had advocated had plunged the country into war with 
Mexico. Possibly, in the heat of debate, he had made 



232 THE MILITARY OCCUPATION 

some pledges; but at any rate, he made proof of his 
good faith in his principles by volunteering as a private 
for service in the war. His company formed a part of 
Doniphan's command in his great expedition across 
the plains and through New Mexico, conquering the 
countr\ as he went, until he joined the army of General 
Taylor in Old Mexico ; a military feat which stands in 
history comparable alone with the retreat of the ten 
thousand Greeks recorded by Xenophon in the Ana- 
basis. While the command was at Fort Leavenworth, 
preparing for its march, people from all parts of HalTs 
district came t<» the fori, bringing horses and mules 
and cattle, and other supplies for the army, and there 
they saw their young candidate, clad in the garb and 
performing the menial services of a private soldier, 
unloading the stores from the boats and placing them 
in wagons. When they returned to their homes, the 
story of his conduct was told all over the district, and 
the hearts of the people were touched to such an extent 
that, although he appeared no more in the canvass, 
when the election came on in August, he was chosen to 
congress by a majority of three thousand out of less 
than ten thousand votes. 

After the conquest of New Mexico it became neces- 
sary to establish a government over that territory, and 
for that purpose to frame a code of laws adapted to 
its condition. General Kearny, the commander, de- 
tailed private Hall from the ranks to do the work in 
connection with Doniphan. Together they prepared 
the code which General Kearny afterwards proclaimed 
as the established military law of the territory, and 
which was afterwards again adopted as the Territorial 
code, and remained for forty-five years the fundamental 



OP THE TERRITORY OP NEW MEXICO. 233 

law of the Territory. No one who knew Hall and Doni- 
phan, and the capacity of the former and the disin- 
clination of the latter for this kind of work, will doubt" 
that much the greater part of the labor was done by 
Hall. And Doniphan often said that the work was 
mainly Hall's. It was certainly a most remarkable 
duty to which this private soldier was detailed, to write 
laws that were to govern the conquered country. The 
code made a small volume, and on the 115 scanty pages 
is printed in both English and Spanish this entire body 
of laws, and it would be impossible to find anywhere 
so complete and perfect a system of laws in many times 
the space covered here. Here we have a bill of rights 
announcing the great principles of civil and religious 
liberty, which are repeated over in all our constitutions, 
and have passed through the hands of the greatest 
statesmen of Europe and America; but here we find 
them, amended and strengthened in expression, more 
complete and more beautiful than anywhere else. Ex- 
amine this book and mark the evidences it contains of 
ripened and mature scholarship and statesmanship, 
and then — remembering that it was prepared, in a few 
days' time, amid the turmoil of camp, by a youth of 
barely twenty-six years, whose short, active life had 
been passed on this far Western Border, much of it in 
the saddle, in the midst of legal and political conflicts 
— to thus determine with what equipment of native 
ability, of acquired scholarship and experience, this 
young man set out on his career. 

Colonel Hughes, in his history of the Doniphan 
Expedition, tells us that one day as they were engaged 
in preparing this code in Santa Fe, General Doniphan 
entered the room and announced to Hall the fact of 



234 THE MILITARY OCCUPATION 

his election to Congress. This was in August, 1846. 
He was immediately relieved from further duty as a 
soldier, but voluntarily accompanied Colonel Phillip 
St. George Cooke to California, returned to Missouri 
the next spring, and took his seat in Congress the fol- 
lowing winter. 

He was twice re-elected to Congress and then de- 
clined further election. He acquired a high reputation 
in Congress as a working member. 

At the end of his congressional service he returned 
to Saint Joseph and remained there in practice until 
1861. In the winter of 1861 the Governor of Missouri 
and the legislature, which was in session, were both 
strongly in favor of seceding and joining the Southern 
Confederacy, and for this purpose an act was passed, 
calling an election to be held in February of that year 
in choose delegates to a State convention, the purpose 
of which, as stated in the act, was "To consider the 
then existing relations between the Government of the 
United States, the people and the government of the 
different states, and the government and people of the 
State of Missouri, and to adopt such measures for vin- 
dicating the sovereignty of the state, and the protection 
of its institutions, as shall appear to them to be de- 
manded." 

Mr. Hall was elected to that convention as a Union 
man. In early life he had belonged to the extreme 
Southern wing of the Democratic party, but in 1861 
his views had materially changed, and the great issue 
of that day found no stronger Union man in Missouri 
or elsewhere than Willard P. Hall. The convention 
met in due time, and instead of passing an ordinance 
of secession, as it was expected to do, resolved almost 



OP THE TERRITORY OP NEW MEXICO. 235 

unanimously that Missouri had no just cause for seces- 
sion. 

On July 30, the offices of Governor and Lieutenant 
Governor were, by ordinance of the convention, de- 
clared vacant, and, on July 31, Hamilton R. Gamble 
was chosen Provisional Governor and Willard P. Hall, 
Lieutenant Governor. It was then only intended that 
this government should be provisional and temporary 
until an election could be held, which was ordered for 
the following October. But the condition of affairs 
continued to be so disturbed that an election was 
impracticable, and this provisional government re- 
mained in control during the entire war in Missouri. 
Governor Gamble was in feeble health most of the time, 
and often absent from the state for weeks and months, 
and died early in 1864. He was succeeded by Mr. Hall 
as governor. The burdens of the administration, there- 
fore, were thrown very heavily upon Hall's shoulders 
during the entire period. 

This provisional government was instituted to 
maintain law and order. All the criminal and dis- 
orderly elements of society, which became so numerous 
and so defiant in war, knew it for their enemy and 
fought it with a rage and hatred that was not exceeded 
by that of the secessionists. It stood for civil govern- 
ment and law, entitled and bound to maintain its right- 
ful superiority over the military power, and thus it was 
a constant check and curb on the military officers who 
operated in the state, aroused their jealousy and met a 
very general opposition from them. It was almost 
destitute of financial resources. It had many active 
foes and few active friends, but those few were a host 
indeed, the ablest, truest and best men who ever lived 



230 THE MILITARY OCCUPATION 

in Missouri; and over and above all, it had the great 
weight of the countenance and confidence and support 
of Abraham Lincoln. It carried the flag of the State 
and the Nation. It was the ark of public safety in 
Missouri. With Gamble and Hall as navigators, it 
found its way through the storms and tempests of those 
terrible years, and brought its priceless cargo safe to 
shore. But, at the close, Gamble, worn out, lay dead 
in his grave, and Hall looked back on the weary waste 
he had passed over, the long succession of days and 
months and years of toil and vexation, wrong and 
abuse, and bitterness of soul, unrelieved by any evi- 
dence of gratitude or appreciation on the part of the 
greal majority of the people. 

In January, 1865, he was succeeded as governor by 
Thomas C. Fletcher. 

The statesmanship, fortitude and self-sacrificing 
devotion of Gamble and Hall, during this period, en- 
title their names to a record in letters of gold on the 
fairest page of the history of the State. He turned 
away from official life and from public affairs to devote 
kis remaining life to the profession he loved so well 
and for which he was so eminently fitted. For nearly 
twenty years he followed it, practicing in all the State 
and Federal courts. 

He was a remarkably fine and accurate general 
scholar, and he kept his classical learning, his Greek 
and Latin, so fresh that he was able to fit his son for 
Yale college. His manners were frank and simple, al- 
ways precisely the same, whether greeting a supreme 
judge, a president, a cabinet minister, or one of his 
fellows at the bar. In this simplicity of demeanor and 



OP THE TERRITORY OF NEW MEXICO. 237 

address there was recognized a dignity which was the 
more impressive the better he was known. 65 
He died November 3, 1882. 



C5 This account of the life of Willard P. Hall is condensed 
from a paper read by John C. Gage before the Kansas City 
Bar Association, February 8, 1896. 




General Diego Archuleta. 



DIEGO ARCHULETA. 

Diego Archuleta was born in the county of Rio 
Arriba, New Mexico, on the 27th day of March, 1814, 
at Plaza Alcalde. He received a portion of his educa- 
tion in the public school and with Fr. Antonio Jose 
Martinez. He journeyed to Durango, when a boy, 
where he studied eight years, preparing himself for 
the priesthood. He received the four minor orders 
requisite for that purpose, but finally relinquished the 
idea of becoming a priest, and, in 1840, returned to the 
Territory of New Mexico and settled in his native 
county of Rio Arriba. Shortly after his return he was 
commissioned a captain of militia by the Mexican gov- 
ernment, and in the invasion of New Mexico by the 
Texas-Santa Fe" Expedition he commanded a body of 
troops and assisted in the capture of the Texans. In 
1843 he was elected a Deputy to the National Mexican 
Congress from New Mexico, and served with honor for 
two years, returning to New Mexico in 1845. While 
serving as a member of the Congress in Mexico it is 
said that he prophesied the construction, at no then 
distant period, of a line of railway from the middle 
west of the United States of America to the Pacific 
Coast. In recognition of his distinguished services as 
an officer of the Mexican army he was decorated with 
the golden Cross of Honor and presented with a di- 
ploma or certificate declaratory of his valiant conduct 
in preserving the integrity of Mexican territory. 

At the time of the coming of the Army of the West 
under General Kearny he was next in command of the 
military forces of the Territory of New Mexico to Gen- 



240 MILITARY OCCUPATION OF NEW MEXICO. 

eral Manuel Armijo, and was urgent in his demands 
that the invasion be met with prompt and effective re- 
sistance. No resistance, however, was made either by 
Armijo or Archuleta, the latter being a colonel and 
second in command. The reasons for this lack of de- 
throw of the government at Santa F6 under General 
Armijo were never fully understood by the people of 
Now Mexico. After the war Armijo was tried at the 
City of Mexico for cowardice and desertion in the face 
of the enemy; witnesses were summoned from New 
Mexico for the prosecution, but Armijo was acquitted 
of the charges against him. The secret history of the 
causes leading to the flight of Armijo and the dis- 
persing of the troops under his command, at least 
twenty-tour hours before General Kearny reached the 
Apache Pass, is told by Senator Thomas EL Benton, 66 
who states that at the time of the fitting out of the 
expedition known as the Army of the West, with Gen- 
eral Kearny in command, there was a citizen of the 
United States, long a resident of New Mexico, on a 
visit of business in the Capitol at Washington, by 
name James Magoffin, a man of mind, of will, of gen- 
erous temper, patriotic and rich. Magoffin knew every 
man in New Mexico and his character, and all the lo- 
calities, and could be of infinite service to the invading 
force. Mr. Benton proposed to Magoffin to go with the 
expedition, to which he agreed. Magoffin was taken 
before the President and Secretary of War and the ar- 
rangements were made. After leaving Bent's Fort, on 
the Arkansas, Magoffin was sent ahead with a staff 
officer (Captain Cooke), the latter charged with a mis- 
sion, Magoffin charged with his own plan, which was 



"Thirty Years' View, Vol. II, pages 682, 683 and 684. 



SELLO SEGUNDO §f » DOC E RE ALES. 




Para lo$ aTws de mil IjEjL /•JlfF ochocientos cimrenta 

y mil ochocientos ^jH^ JM0? cuarenta y una. 

EL INFRASCRITO MINISTRO DE ESTADO 

y del Despacho de Guerra y Marina. 



JL or cuanto en Decreto de 28 de Jlgosto de 1840, y en uso de 
la facultad que concede al Gobierno el Congreso National en el 
de 26 del mismo mes y aho, se ha concedido una Cruz de honor 
a los Generates, Gefes y Oficiales que han combatido en ,/t/utsas 

y habiendo acreditado el Ciudadano J^'s/#<? ^fnh t ,/^a.j'^</»ra»t)aft*t, 

.'/A tvrtreif /tin- ,.K .frt-/^, , m t&Otab. ^^-dtrmrr */ Jmz& /m^^^k* 
'/ /wan r»/*.^rr»M-*'. Stt*jtt**/ /a S,y,,rz<~* 0/tfu. <& /7 J, (J&»£u^/- 

estar comprendido en el expresado primer Decreto; el Exmo. Sf- Pre- 
tidente ordena que se ,le expiia el presente Diploma, per el cual po- 
drd usar de tan honorifico distintivo, confonne al modelo que exis- 
te en la Plana mayor del Ejercito y Direcciones respectivas, a don- 
de se tomard razon de este documento que se le otorga como un Us- 
limonio de su valor, fidelidad y patriotismo. Dado en Mexico a «*«•- 
** ,/> *»»**»-' de Jst>/*:ft*>iJx^Jde mil ochocientos cuarenta y .*««*>. 

'Sfj?tn*m> 6?„mi*rAe la Independencia y c Ssa^stit** _. .. ->de la 

Libertad. 



THpUtma &e la Cms de honor MtJ*Hnj)* ett &„Jv, *»<*>•>*• / 
Usr«, £ /*Mf, st t^,Jt «/ <W*A<~ -^W ~A^W 



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MILITARY OCCUPATION OF NEW MEXICO. 243 

to operate upon General Armijo and prevent anj T re- 
sistance to the American advance. This was accom- 
plished. Armijo agreed to make no defense of Apache 
Pass. But Colonel Archuleta, second in command, was 
determined to fight, and threats of the assassination 
of the commander in chief were freely made by officers 
of his command. 07 It was necessary to make some ar- 
rangement with Colonel Archuleta. He was of an en- 
tirely different mould from Manuel Armijo, and only 
accessible to a different class of considerations — those 
which addressed themselves to ambition and power. 
Magoffin knew the side upon which to approach him. 
It so happened that the understanding among all was 
that Kearny's intentions only covered the conquest of 
that portion of New Mexico lying east of the Rio 
Grande. It was represented to Archuleta that Kearny 
would leave the country to the west of the Bravo un- 
touched. He was advised and recommended by Magof- 
fin to issue a pronunciamento and seize that portion of 
the country for himself. The idea suited Colonel Ar- 
chuleta. He knew the strength of the United States 
and was only too well aware of the weakness of Mex- 
ico. He agreed not to fight. The army which had 
gathered at the defile dispersed, none knowing exactly 
why. General Kearny occupied the capitol, and the 
conquest was complete and bloodless. 

Colonel Archuleta complied with his part of the 
contract. Magoffin had been sincere in his representa- 
tions, but General Kearny had other orders and took 
possession of the whole country, and moved on with a 
part of his force to California. Archuleta, deeming 



"Statement made to writer by Don Nicholas Pino, of 
Galisteo, N. M. 



244 MILITARY OCCUPATION OF NEW MEXICO. 

himself cheated, determined upon a revolt. Colonel 
Archuleta organized the first conspiracy for the over- 
throw of the government at Santa F6 under General 
Sterling Price, who had been left in command by 
Kearny. This attempt was discovered. Together with 
other prominent Mexicans, within thirty days after the 
discovery of the first, he organized another conspiracy, 
which resulted in the death of Governor Bent and 
others, but which was put down by the American forces 
inside two weeks. Archuleta tied, but he was after- 
wards invited to return to the Territory, and upon tak- 
ing the oath of allegiance was admitted to the friend- 
ship and confidence of the authorities at Santa Fe\ 

In 1857 Colonel Archuleta was United States In- 
dian agent for the Southern Utes and the Apaches, 
which position he held for five years. In 1861 he was 
placed at the head of a regiment of auxiliaries, with 
the rank of lieutenant-colonel, and was stationed for a 
time at Fort Union, and again, during the administra- 
tion of Abraham Lincoln, he was named as Indian 
agent for the Utes, Apaches and Jicarrillas. In the 
same year he was commissioned a brigadier general 
by Governor Henry Connelly ; inasmuch as this com- 
mission bears the signatures of four of the most dis- 
tinguished New Mexicans of that period, a reproduc- 
tion of the same is given. For fourteen years he was 
a member of the legislative assembly of the Territory 
of New Mexico. He was a candidate for the Thirty- 
seventh Congress of the United States, but was de- 
feated by John S. Watts. He was the first man to 
transport a family carriage across the Great Plains. 
He was the son of Juan Andres Archuleta, a prominent 
and wealthy citizen of Rio Arriba, and in 1841 was 



- ■■ 




Don Diego Archuleta, Santa Fe, N. M,, 1884. 



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MILITARY OCCUPATION OF NEW MEXICO. 247 

married to Jesusita Trujillo, and there were seven 
children of the union. He died at Santa Fe" ? while a 
member of the Legislative Assembly of 1884, of heart 
failure. On the 20th of March, 1884, while engaged 
in his duties as a member of the legislature, on the 
floor of the house, he was taken suddenly ill. He was 
taken to the home of Don Rafael Lopez, where he was 
stopping, and on the following day rallied consider- 
ably, and a very important measure being under con- 
sideration in the House, he was assisted to his ac- 
customed seat in order to cast his vote. He remained 
only long enough to perform this duty and was taken 
to his apartments, where the utmost care and attention 
were shown him; every known medical treatment was 
brought to bear on his case but, despite all efforts, he 
continued to sink and grow worse until death came to 
his relief. His death was not altogether unexpected. 
The House of Representatives met and adjourned after 
passing appropriate resolutions and designating 
proper committees to look after the details of the 
funeral obsequies. The Council also met and passed 
similar resolutions. His remains were removed to the 
hall of the Society of St. Francis; thence they were 
taken to the Church of Our Lady of Guadalupe, Avhere 
mass was said, when they were again removed to the 
St. Francis Hall, being finally taken to the Hall of the 
House of Representatives, where they lay in state until 
the day of the funeral. On the day of the funeral na- 
tive and American citizens alike assembled in vast 
numbers, performing the last honor to the dis- 
tinguished statesman. The procession which followed 
the remains to their last resting place in the Catholic 
cemetery was one of the largest ever seen in the City 



218 MILITARY OCCUPATION OP NEW MEXICO. 

of Santa Fe. The 22d Infantry Band of the United 
States Army led the procession, which included the 
General commanding the District, Brigadier General 
D. S. Stanley, his statt' and other officers of the U. S. 
Army, stationed at Santa ¥6, the members of the legis- 
lative assembly, the count}' commissioners, secret and. 
patriotic societies, it being estimated that over two 
thousand five hundred people marched in the proces- 
sion. 

Diego Archuleta was an intense patriot and his 
following was large and enthusiastic. He bitterly op- 
posed the American occupation, but gave in when he 
saw that further effort was vain and useless. His life 
was a busy one throughout. He held many offices of 
honor and trust. He filled them all with ability. His 
last speech in the House of Representatives was in 
favor of an amendment to a pending educational bill, 
which declared for non-sectarian administration of the 
schools of New Mexico. In making this speech, he 
said that he was then an old man, that he expected 
very soon to be called to his Maker, and, when that 
time came, he would go with the satisfaction of know- 
ing that his vote had been cast in behalf of freedom, in 
behalf of free, non-sectarian education of the youth of 
his country. His last vote cast in the House was in 
favor of the construction of the Capitol building at 
Santa Fe. 




Senator Thomas H. Benton. 



THOMAS H. BENTON. 
It is not to be expected in these sketches that any- 
thing more than the briefest of outlines of the pro- 
fessional life and public services of so celebrated a 
man as Thomas Hart Benton should appear. He be- 
longed to the classic age of American eloquence and it 
is hoped that at no distant day some one will appear 
as his biographer who will be competent to do justice 
to the memory of one of the greatest of American 
statesmen. As a logical reasoner, he was inferior to 
Daniel Webster; as an orator, Henry Clay was his 
superior, but in depth of mind, and in the power to 
conceive and execute any great public measure, he was 
the equal of either, and in some respects the superior 
of both. Benton loved his country and in all his life 
as a public servant, in considering any measure pend- 
ing in the congress of the United States, he strove to 
ascertain its effect upon the entire nation. He was a 
great lover of the West. He was a great friend of New 
Mexico. He was a senator of the Nation and not of 
a single state. During the days immediately following 
the Treaty of Guadalupe Hidalgo, Senator Benton did 
all in his power in the senate of the United States to 
secure to the people of New Mexico the rights to which 
they were entitled. At an early period in his career 
in the senate, Benton took the position that the govern- 
ment should never depend upon the sale of its public 
lands as a source of revenue, but that the true policy 
was to aid and encourage immigration by a reduction 
of the price of the public domain ; and, as most of the 
immigrants were poor, to give them ample time in 
which to pay for their homes. To this end, he intro- 



MILITARY OCCUPATION OP NEW MEXICO. 251 

duced a bill reducing the price to one dollar and 
twenty-five cents an acre, and, upon certain conditions, 
to give them pre-emption and settlement rights, so that 
they could pay for their homes out of the proceeds of 
their labor. All of the New England states, led by 
Webster, opposed this policy, as tending to deprive 
them of a part of their productive population, but 
Benton was successful and the West has always been 
grateful to him on that account. 

He was very fond of western adventurers and for 
many years made it a point to entertain all of them 
who came to his city. At one time he had a personal 
interview with Kit Carson, who, surrounded with maps 
and charts, explained to Benton the character and lo- 
cation of what he considered the most desirable route 
between Independence and Santa Fe\ It is not strange, 
therefore, that a man of his wonderful memory was 
even more familiar with the western wilds and savage 
tribes than many who had lived all their lives among 
them. 

Senator Benton was born near Hillsborough, 
North Carolina, March 14, 1782. In his youth he 
received a. very liberal education. He lived with his 
mother for a number of years, in the State of 
Tennessee, and came to Missouri in 1813. In 1820, at 
the time of the admission of the State of Missouri into 
the Union, Benton was chosen United States Senator. 
He continued in the Senate of the United States, by 
successive elections, for thirty years. He was a man 
of very strong prejudices. He devoted several years 
of the latter part of his life to the preparation of two 
most valuable works, one 'A Thirty Years' View;' the 
other 'An Abridgment of the Debates in Congress, 



252 THE MILITARY OCCUPATION 

From the Foundation of the Government, to 1856.' 
These works are of great value. Senator Benton died 
in the City of Washington. April 10. 1858. His re- 
mains were brought to St. Louis and were interred in 
Bellefontaine cemetery. As the casket containing all 
that was mortal of Missouri's greatest statesman was 
borne to its last resting place, more than fifty thousand 
people gazed upon the solemn scene. All business 
houses were closed; public buildings were draped in 
mourning and the flags of the city and harbor were 
at half mast. The State of Missouri has been repre- 
sented in the Senate of the United States by several 
great men since Benton's time, but no one approached 
his mental stature unless possibly Carl Schurz. 

Fpon the return of the Missouri Mounted Volun- 
teers under Doniphan from Mexico, a great celebration 
was had in the city of St. Louis, on the 2d day of July, 
1817. Among others delivering addresses on that 
occasion was Senator Benton, whose address was as 
follows : 

"Col. Doniphan, Officers and Men: — I have been 
appointed to an honorable and pleasant duty — that 
of making you the congratulations of your fellow- 
citizens of St. Louis, on your happy return from your 
long and almost fabulous expedition. You have indeed 
marched far, and done much, and suffered much, and 
well entitled yourselves to the applause of your fellow- 
citizens, as well as the rewards and thanks of your 
government. A year ago you left home. Going out 
from the western border of your state, you re-enter it 
on the east, having made a circuit equal to the fourth 
of the circumference of the globe, providing for your- 
selves as you went, and returning with trophies taken 



OF THE TERRITORY OP NEW MEXICO. 253 

from fields, the names of which were unknown to your- 
selves and your country until revealed by your enter- 
prise, illustrated by your valor, and immortalized by 
your deeds. History has but few such expeditions to 
record; and when they occur it is as honorable and 
useful as it is just and wise to celebrate and com- 
memorate the events which entitle them to renown. 

Your march and exploits have been among the 
most wonderful of the age. At the call of your country 
you marched a thousand miles to the conquest of New 
Mexico, as part of the force under General Kearny, 
and achieved that conquest without the loss of a man 
or the firing of a gun. That work finished, and New 
Mexico, itself so distant and so lately the ultima 
thule, the outside boundary of speculation and enter- 
prise, so lately a distant point to be attained, becomes 
itself a point of departure, a beginning-point for new 
and far more extended expeditions. You look across 
the long and lofty chain — the Cordilleras of North 
America — which divide the Atlantic from the Pacific 
waters, and you see beyond that ridge a savage tribe 
which had been long in the habit of depredating upon 
the province which had just become an American con- 
quest. You, a part only of the subsequent Chihuahua 
column, under Jackson and Gilpin, march upon them, 
bring them to terms, and they sign a treaty with Col. 
Doniphan, in which they bind themselves to cease their 
depredations on the Mexicans, and to become the 
friends of the United States. A novel treaty that, 
signed on the western confines of New Mexico, between 
parties who had hardly ever heard each others' names 
before, and to give peace and protection to Mexicans 
who were hostile to both. This was the meeting and 



254 THE MILITARY OCCUPATION 

this the parting of the Missouri Volunteers with the 
numerous and savage tribe of the Navajo Indians, 
living on the waters of the Gulf of California, and so 
long the terror and scourge of Sonora, Sinaloa and 
New Mexico. 

This object accomplished, and impatient of in- 
activity, and without orders (Gen. Kearny having de- 
parted for California), you cast about to carve out 
some new work for yourselves. Chihuahua, a rich and 
populous city of nearly thirty thousand souls, the seat 
of government of the State of that name, and formerly 
the residence of the Captains-General of the internal 
provinces under the vice-regal government of New 
Spain, was the captivating object which fixed your 
attention. It was a far distant city, about as far 
distant from St. Louis as Moscow is from Paris, and 
towns and enemies, and a large river, and defiles and 
mountains, and the desert, whose ominous name por- 
tended death to travellers — Jornada de los muertos (the 
journey of the dead) — all lay between you. It was a 
perilous enterprise, and a discouraging one for a 
thousand men, badly equipped, to contemplate. No 
matter. Banger and hardship lent it a charm, and the 
adventurous inarch was resolved on, and the execution 
commenced. First, the ominous desert was passed, its 
character vindicating its title to its mournful appella- 
tion — an arid plain of ninety miles, strewed with bones 
of animals, perished of hunger and thirst; little 
hillocks of stone and the solitary cross, erected by 
pious hands, marking the spot where some Christian 
had fallen, victim of the savage, of the robber, or of 
the desert itself— no water, no animal life, no sign of 
habitation. There the Texas prisoners, driven by the 



OP THE TERRITORY OF NEW MEXICO. 255 

cruel Salazar, had met their direst sufferings, unre- 
lieved, as in other parts of their march in the settled 
portions of the country, by the compassionate minis- 
trations (for where is it that woman is not compas- 
sionate?) of the pitying women. The desert was 
passed and the place for crossing the river approached. 
A little arm of the river, Brazito, made out from its 
side. There the enemy in superior numbers, and con- 
fident in cavalry and artillery, undertook to bar the 
way. Vain pretension ! Their discovery, attack and 
rout were about simultaneous operations. A few 
minutes did the work. And in this way our Missouri 
Volunteers of the Chihuahua column spent their 
Christmas day of the year 1846. 

The victory of the Brazito opened the way to the 
crossing of the river Del Norte, and to admission into 
the beautiful little town of the Paso del Norte, Where 
a neat cultivation, a comfortable people, and vineyards 
and a hospitable reception offered the rest and refresh- 
ment, which toils and dangers and victory had won. 

You rested there until artillery was brought down 
from Santa Fe, but the pretty town of the Paso del 
Norte, with all its enjoyments, and they were many, 
and the greater for the place in which they were found, 
was not a Capua to the men from Missouri. You 
moved forward in February, and the battle of Sacra- 
mento, one of the military marvels of the age, cleared 
the road to Chihuahua, which was entered without 
further resistance. It had been entered once before 
by a detachment of American troops, but under circum- 
stances how different! In the year 1807, Lieut. Pike 
and his thirty brave men, taken prisoners on the head 
of the Rio del Norte, had been marched captives into 



256 THE MILITARY OCCUPATION 

the city of Chihuahua; in the year 1S47, Doniphan and 
his men entered it as conquerors. The paltry triumph 
of a Captain-General over a Lieutenant was effaced in 
the triumphal entrance of a thousand Missourians into 
the grand and ancient capital of all the internal prov- 
inces, and old men, still alive, could remark the 
grandeur of the American spirit under both events — 
the proud and lofty bearing of the captive thirty, the 
mildness and moderation of the conquering thousand. 

Chihuahua was taken, and responsible duties, 
more delicate than those of arms, were to be performed. 
Many American citizens were there engaged in trade; 
much American property was there. All this was to 
!»(' protected, both lives and property, and by peaceful 
arrangement, for the command was too small to admit 
of division and of leaving a garrison. Conciliation 
and negotiation were resorted to, and successfully. 
Every American interest was provided for and placed 
under the safeguard, first, of good-will, and next, of 
guarantees not to be violated with impunity. 

Chihuahua gained, it became, like Santa Ft!, not 
the terminating point of a long expedition, but the be- 
ginning point of a new one. General Taylor was some- 
where, no one knew exactly where, but some seven or 
eight hundred miles towards the other side of Mexico. 
You had heard that he had been defeated, that Buena 
Yista had not been a good prospect to him. Like good 
Americans, you did not believe a word of it, but, like 
good soldiers, you thought it best to go and see. A 
volunteer party of fourteen, headed by Collins, of 
Boonville, undertake to penetrate to Saltillo, and bring 
you information of his condition. They set out. 
Amidst innumerable dangers, they accomplish their 



OF THE TERRITORY OF NEW MEXICO. 257 

purpose and return. You march. A vanguard of one 
hundred men, led by Lieutenant-Colonel Mitchell, led 
the way. Then came the main body (if the name is 
not a burlesque on such a handful) commanded by 
Col. Doniphan himself. 

The whole table-land of Mexico, in all its breadth 
from west to east, was to be traversed. A numerous 
and hostile population in towns, treacherous Coman- 
ches in the mountains, were to be passed. Everything 
was to be self-provided — provisions, transportation, 
fresh horses for remounts, and even the means of 
victory — and all without a military chest, or even an 
empty box, in which government gold had ever reposed. 
All was accomplished. Mexican towns were passed in 
order and quiet, plundering Comanches were punished, 
means were obtained from traders to liquidate indis- 
pensable contributions, and the wants that could not 
be supplied were endured like soldiers of veteran 
service. 

I say the Comanches were punished. And here 
presents itself an episode of novel, extraordinary, and 
romantic kind — Americans chasing savages for plund- 
ering people whom they themselves came to conquer, 
and forcing the restitution of captives and plundered 
property. A strange story this to tell in Europe — 
where backwoods character — Western character — is 
not yet completely known. But to the facts. In the 
mesquite forest of the Bolson de Mapima, and in the 
sierras around the beautiful town and fertile district 
of Parras, and in all the open country for hundreds of 
miles round about, the savage Comanches have held 
dominion ever since the usurper, Santa Ana, dis- 
armed the people, and sally forth from their fastnesses 



258 THE MILITARY OCCUPATION 

to slaughter men, plunder cattle, and carry off women 
and children. An exploit of this kind had just been 
performed on the line of the Missourians' march, not 
far from Parras, and an advanced party chanced to 
be in that town at the time the news of the depredation 
arrived there. It was only fifteen strong. Moved by 
gratitude for the kind attentions of the people, especi- 
ally the women, to the sick of General Wool's com- 
mand, necessarily left in Parras, and unwilling to be 
outdone by enemies in generosity, the heroic fifteen, 
upon the spot, volunteered to go back, hunt out the 
depredators and punish them, without regard to num- 
bers. A grateful Mexican became their guide. On 
their way they fell in with fifteen more of their com- 
rades, and in a short time seventeen Comanches killed 
out of sixty -five, eighteen captives restored to their 
families and three hundred and fifty head o'f cattle re- 
covered for their owners, was the fruit of this sudden 
and romantic episode. 

Such noble conduct was not without its effect on 
the minds of the astonished Mexicans. An official 
document from the prefect of the place to Captain 
Reid, leader of this detachment, attests the verity of 
the fact and the gratitude of the Mexicans, and consti- 
tutes a trophy of a new kind in the annals of war. 
Here it is in the original Spanish and I will read it off 
in English. It is officially dated from the prefecture 
of the Department of Parras, signed by the prefect, 
Jose Ignacio Arrabe, and addressed to Capt. Reid, the 
18th of May, and says : 'At the first notice that the 
barbarians, after killing many and taking captives, 
were returning to their haunts, you generously and 
bravely offered, with fifteen of your subordinates, to 



OP THE TERRITORY OP NEW MEXICO. 259 

fight them on their crossing by the Pozo, executing 
this enterprise with celerity, address and bravery 
worthy of all eulogy, and worthy of the brilliant issue 
which all celebrate. You recovered many animals and 
much plundered property, and eighteen captives were 
restored to liberty and to social enjoyments, their souls 
overflowing with a lively sentiment of joy and grati- 
tude, which all the inhabitants of this town equally 
breathe, in favor of their generous deliverers and their 
valiant chief. The half of the Indians killed in the 
combat and those which were wounded do not calm the 
pain which all feel for the wound which your Excel- 
lency received defending Christians and civilized be- 
ings against the rage and brutality of savages. All 
desire the speedy re-establishment of your health, and 
although they know that your own noble soul will be 
found the best reward of your conduct, they desire 
also to address you an expression of their gratitude 
and high esteem. I am honored in being the organ of 
the public sentiment, and pray you accept it, with the 
assurance of my most distinguished esteem. God and 
Liberty.' 

This is a trophy of a new kind in war, won by 
thirty Missourians, and worthy to be held up to the 
admiration of Christendom. 

The long march from Chihuahua to Monterey was 
made more in the character of protection and deliver- 
ance than of conquest and invasion. Armed enemies 
were not met and peaceful people were not disturbed. 
You arrived in the month of May in General Taylor's 
camp, and about in a condition to vindicate, each of 
you for himself, your lawful title to the double sobri- 
quet of the General, with the addition to it, which the 



260 THE MILITARY OCCUPATION 

Colonel of the expedition has supplied, 'ragged as well 
as rough and ready.' No doubt you all showed title at 
that time to that third sobriquet; but to see you now, 
so gayly attired, so princely equipped, one might sup- 
pose that you had never for an instant been a stranger 
to the virtues of soap and water, or the magic ministra- 
tions of the blanchisseuse and the elegant transforma- 
tions of the fashionable tailor. Thanks, perhaps, to the 
difference between pay in the lump, at the end of 
service, and the driblets along in the course of it. 

You arrived in General Taylor's camp, ragged and 
rough, as we can well conceive, and ready, as I can 
quickly show. You reported for duty ! You asked for 
service — such as a march upon San Luis de Potosi, 
Zacatecas or the "Halls of the Montezumas," or any- 
thing in that way that the General should have a mind 
to. If he was going upon any excursion of that kind, 
all right. No matter about fatigues that were past, or 
expirations of service that might accrue; you came to 
go, and only asked the privilege. That is what I call 
ready. Unhappily, the conqueror of Palo Alto, Resaca 
de la Palma, Monterey and Buena Vista was not ex- 
actly in the condition that the Lieutenant-General 
might have intended him to be. He was not at the head 
of twenty thousand men ; he was not at the head of any 
thousand that would enable him to inarch, and had to 
decline the proffered service. Thus the long-marched 
and well-fought volunteers — the rough, the ready and 
the ragged — had to turn their faces towards home, still 
more than two thousand miles distant. But this being 
mostly by water, you hardly count it in the recital of 
your march. But this is an unjust omission, and 
against the precedents as well as unjust. "The Ten 



OF THE TERRITORY OP NEW MEXICO. 261 

Thousand" counted the voyage on the Black Sea, as 
well as the march from Babylon, and twenty centuries 
admit the validity of the count. The present age and 
posterity will include in the "going out and coming in" 
of the Missouri volunteers the water voyage as well as 
the land march, and then the expedition of the One 
Thousand will exceed that of the Ten by some two 
thousand miles. 

The last nine hundred miles of your land march, 
from Chihuahua to Matamoras, you made in forty-five 
days, bringing seventeen pieces of artillery, eleven of 
which were taken from the Sacramento and Brazito. 
Your horses, traveling the whole distance without 
United States provender, were astonished to find them- 
selves regaled, on their arrival on the Rio Grande 
frontier, with hay, corn and oats from the States. You 
marched farther than the farthest, fought as well as 
the best, left order and quiet in your train, and cost 
less money than any. 

You arrive here to-day, absent one year, marching 
and fighting all the time, bringing trophies of cannon 
and standards from fields whose names were unknown 
to you before you set out, and only grieving that you 
could not have gone farther. Ten pieces of cannon, 
rolled out of Chihuahua to arrest your march, now roll 
through the streets of St. Louis to grace your triumphal 
return. Many standards, all pierced with bullets while 
waving over the heads of the enemy at the Sacramento, 
now wave at the head of your column. The black flag, 
brought to the Brazito to indicate the refusal of that 
quarter which its bearers so soon needed and received, 
now takes its place among your trophies, and hangs 
drooping in their nobler presence. To crown the whole, 



262 THE MILITARY OCCUPATION 

to make public and private happiness go together, to 
spare the cypress where the laurel hangs in clusters, 
this long and perilous march, with all its accidents of 
field and camp, presents an incredibly small list of 
comrades lost. Almost all return, and the joy of fam- 
ilies resounds intermingled with the applause of the 
state. 

I have said that you made your long expedition 
without government orders; and so indeed you did. 
You received no orders from your government, but, 
without knowing it. you were fulfilling its orders — or- 
ders which never reached you. Happy the soldier who 
executes the command of his government; happier still 
he who anticipates command and does what is wanted 
before he is bid. This is your case. You did the right 
thing at the right time, and what the government in- 
tended you to do, and without knowing its intentions. 
The facts are these : Early in the month of November 
last the President asked my opinion on the manner of 
conducting the war. I submitted a plan to him which, 
in addition to other things, required all the disposable 
troops in New Mexico, and all the Americans in that 
quarter who could be engaged for a dashing expedition, 
to move down through Chihuahua and the State of 
Durango, and, if necessary, to Zacatecas, and get into 
communication with General Taylor's right as early 
as possible in the month of March. In fact, the dis- 
posable Missourians in New Mexico were to be one of 
three columns destined for a combined movement on 
the City of Mexico, all to be on the table land and 
ready for the movement in the month of March. The 
President approved the plan, and the Missourians, 
being most distant, orders were dispatched to New 



OP THE TERRITORY OF NEW MEXICO. 263 

Mexico to put them in motion. Mr. Solomon Sublette 
carried the order, and delivered it to the commanding 
officer at Santa Fe, Colonel Price, on the 23d day of 
February, just five days before you fought the mar- 
velous battle of Sacramento. 

I well remember what passed between the Presi 
dent and myself at the time he resolved to give this 
order. It awakened his solicitude for your safety. It 
was to send a small body of men a great distance into 
the heart of a hostile country, and upon the contin 
gency of uniting in a combined movement, the means 
for which had not yet been obtained from Congress. 
The President made it a question, and very properly, 
whether it was safe or prudent to start the small Mis- 
souri column before the movement of the left and center 
was assured. I answered that my own rule in public 
affairs was to do what I thought was right, and leave 
it with others to do what they thought was right, and 
that I believed it the proper course for him to follow 
on the present occasion. On this view he acted. He 
gave the order to go, without waiting to see whether 
Congress would furnish the means of executing the 
combined plan, and, for his consolation, I undertook 
to guarantee your safety. Let the worst come to the 
worst, I promised him that you would take care of 
yourselves. Though the other parts of the plan should 
fail, though you should become far involved in the ad- 
vance, and deeply compromised in the enemy's country 
and without support, still I relied on your courage, 
skill and enterprise to extricate yourselves from every 
danger, to make daylight through all the Mexicans that 
should stand before you, cut your way out, and make 
good retreat to Taylor's camp. This is what I promised 



2(U THE MILITARY OCCUPATION 

the President in November last, and what yon have so 
manfully fulfilled. And here is a little manuscript 
volume (the duplicate of it in the hands of the Presi- 
dent), from which 1 will read you a page, to show you 
that you are the happy soldiers who have done the will 
of the government without knowing its will: 

'The right wing. — To be composed of all the dis- 
posable troops in New Mexico; to advance rapidly 
through the Slates of Chihuahua and Durango, and 
towards Zacatecas, and to attain a position about on a 
line with General Taylor in the month of March, and 
be ready to push on to the capital. This column to 
move light, to have no rear, to keep itself mounted from 
horse in the country, and to join the center column or 
cut its way out if the main object fails.' 

This is what was proposed for you in the month of 
November last, and what 1 pledged myself to the Presi 
dent that you would perform, and nobly have you re- 
deemed the pledge. 

Put this was not the first or the only time that I 
pledged myself for you. As far back as June, 1846, 
when a separate expedition to Chihuahua was first 
projected, I told the President that it was unnecessary; 
that the Missouri troops under Gen. Kearny would take 
that place, in addition to the conquest of New Mexico, 
and that he might order the column under General 
^Yool to deflect to the left and join General Taylor as 
soon as he pleased. Again, when I received a letter 
from Lieutenant-Colonel Mitchell, dated in November 
last, and informing me that he was leaving Santa F6 
with one hundred men to open communication with 
General Wool, I read the letter to the President, and 
told him that they would do it. And, again, when we 



OP THE TERRITORY OP NEW MEXICO. 265 

heard that Colonel Doniphan, with a thousand men, 
after curbing the Navajos, was turning down towards 
the south and threatening the ancient capital of the 
Captains-General of the internal provinces, I told him 
they would take it. In short, my confidence in Missouri 
enterprise, courage and skill was boundless. My 
promises were boundless. Your performance has been 
boundless. And now let boundless honor and joy 
salute, as it does, your return to the soil of your State 
and to the bosoms of your families." 68 



s St. Louis Republican, July 3, 1847. 




Carlos Beaubien. 



CARLOS BEAUBIEN. 

Charles Hipolyte Trotier, Sieur de Beaubien, was 
the son of Paul Trotier, Sieur de Beaubien and Louise 
Charlotte Adelaide Durocher, and was born in Canada, 
at Three Rivers. Several members of his ancestry 
became prominent in the affairs of Canada and this 
country. The first representative of the name in 
Canada was Jules Trotier, who was born in France, 
at St. Malod'lye au Perche, in 1590, where he was mar- 
ried to Catherine Loyseau. His son, Antoine, Sieur 
des Ruisseaux, married Catherine Lefebone, of which 
marriage there was a son, Michael, Sieur de Beaubien, 
the first of the family to be called Beaubien, Seigneur 
de la Riviere du Loup. The latter married Agnes God- 
froy de Linctot, and, after her death, he married 
Therese Mouet de Moras. Louis Trotier, Sieur de Beau- 
bien, son of the second marriage, married Marie Louise 
Robida Manseaux. Of this marriage Charles Hipolyte 
Trotier, Sieur de Beaubien, was born. He left the 
Dominion of Canada for the United States during the 
War of 1812, and came to New Mexico in 1823, in com- 
pany with a number of French Canadians who were 
making investigations in New Mexico. Beaubien went 
directly to Taos, at which place, in 1827, he married 
Paula Lobato, daughter of one of the most prominent 
citizens of that region of New Mexico. Of this marriage 
there were born the following children : Narciso, who 
was killed during the uprising of 1847, commonly 
known as the Taos Revolution ; Luz, who was the wife 
of Lucien B. Maxwell ; Leonar, who married V. Tru- 
jillo; Juanita, who married L. D. J. Clouthier; Teo- 
dora, who married Frederick Muller; Petrita, who mar- 



268 THE MILITARY OCCUPATION 

ried Jesus G. Abreu, and Pablo, who married Rebecca 
A b re ii. 

In the year 1S47 Mr. Beaubien traveled from Taos 
down to the Cimmaroncita, where he found Lucien B. 
Maxwell located. A company of cavalry of the United 
states army was also established there, the post having 
been built by Lieutenant Wilson, of the army, under 
orders from General Sterling Price, at that time com- 
manding the military forces in New Mexico and gov- 
ernor of the Territory. It was at this time that Kit 
Carson constructed a home, about three hundred yards 
from the site of the military post, the ruins of which 
are still standing. 

Prior to the coming of the American army under 
General Kearny, a prominent citizen of New Mexico, 
who was a collector of customs for his government on 
its northern frontier, the Arkansas, Don Guadalupe 
Miranda, had asked for a grant of land in northern 
New Mexico from his government, and this grant was 
made to Beaubien and Miranda, who had previously 
agreed to the partnership. After the grant had been 
made .Miranda sold his interest to Beaubien, who, by 
the purchase, became possessed of over a million acres 
of land, the value of which at the present day, with its 
cities, towns and villages, railroads, coal mines and 
coking plants, approximates fifty millions of dollars. 
The grant comprised a tract of land larger than three 
states the size of Rhode Island. The grant was made 
by Governor Manuel Armijo, with whom Miranda was 
a great favorite, who was also well disposed toward 
Beaubien. 

Beaubien died in Taos on the 10th day of Feb- 
ruary, 1864. Durino- his lifetime, socially and in a busi- 



OF THE TERRITORY OF NEW MEXICO. 269 

ness way, he was a great favorite. He took an active 
part in all public matters. He was appointed one of 
the judges of the Supreme, or Superior Court, by Gen- 
eral Kearny, and presided over what was known as the 
third district, comprising the counties of Taos and Rio 
Arriba. He was commonly known as "Don Carlos'! ; 
was a great friend of Governor Bent, and had great 
influence among the people of New Mexico, which con- 
tinued up to the time of his death. 




Colonel Christopher (Kit) Carson. 



CHRISTOPHER (KIT) CARSON. 

Christopher (Kit) Carson, as he was known 
among Americans, was born in the state of Kentucky 
in the year 180§. He came to New Mexico about the 
year 1827, on a hunting and trapping expedition. From 
that time until the coming of the army of the United 
States under General Kearny he trapped and hunted 
from the Arkansas river to the Pacific Coast. He was 
well known to all the Indian tribes, and none was more 
familiar with their character, manners and customs. 
He was familiar with many of the Indian languages. 
No other white man was trusted by Indians and Mexi- 
cans as was Carson. He led the way for Fremont, and 
performed this service without military aid. 

Some time before Fremont's first expedition was 
begun Carson traveled as far north as the state of 
Wyoming. On this trip he finally went to California, 
and returned to Santa F6 by way of Taos. Prior to 
the discovery of gold in California Carson guided a 
number of overland parties to the Coast, and during 
the war with Mexico he was commissioned to carry the 
mail from Ft. Leavenworth to the Coast. 

When General Kearny left Santa Fe for California, 
and had traveled as far south and west as the Gila 
river, he met Carson and several companions returning 
from California. He induced Carson to return to Cali- 
fornia with him, and Carson participated in all the 
hardships of the journey. 

Colonel Carson joined Kearny's command on the 
18th day of October, 1846, and guided the small force 
to California, reaching that state on the third day 



272 MILITARY OCCUPATION OP NEW MEXICO. 

of December. A scouting party under Carson's com- 
mand captured some spies that had been sent out by 
the Mexican General commanding the enemy's forces, 
who informed Kearny that the Mexicans intended to 
attack them before they could join forces with the 
Americans then in possession of San Diego. Carson 
advised Kearny to evade this attack, as their horses 
and men were exhausted from their long march, and 
take another route. General Kearny, however, chose 
to attack the enemy without delay, and for that pur- 
pose ordered an advance at one o'clock in the morning. 
His troops were tired and hungry, and came upon the 
advance guard of the enemy before daylight. This 
guard slept, fully dressed, with their saddles as pillows 
and their horses picketed near by. The attacking force 
consisted of fifteen Americans, under the command of 
Captain Johnson, with ('arson as second officer. The 
guard drew back into camp, and the party under John- 
son and Carson was reinforced by Captain Moore, with 
twenty-five men. Moore ordered an attack upon the 
enemy's center, hoping to effect a division and create 
confusion in the cam]). In the charge Carson's horse 
stumbled and fell, carrying the rider to the ground. 
There he lay until the entire command passed over 
him. As soon as they had passed he seized a gun from 
the hand of one of his men who had been killed, his 
own having been broken in the fall, mounted and rode 
on. Many of the men were mounted on mules, which 
proved unmanageable, and, although the enemy was 
forced to retreat a short distance, the condition of the 
Americans was soon discovered, and, turning back, 
what would have been nearly a bloodless victory was 
changed into a terrible slaughter. Thirty of the Ameri- 




West Pueblo of Taos, N. M. 



274 THE MILITARY OCCUPATION 

can force were either killed or severely wounded, and, 
although the main party of the Americans came up, 
the Mexicans fought with great courage. General 
Kearny, although severely wounded, remained at the 
head of his troops, hoping that two mountain howitzers 
which were to be brought up would help in forcing the 
enemy to retreat. But the gunners were shot down 
and the Mexicans captured the horses attached to one 
with a lasso. Some fortunate accident or ignorance 
rendered the Mexicans unable to use the gun, or greater 
slaughter of the American force would have ensued. 

The Americans retreated to a rocky shelter near 
by, having only three officers left, and waited for the 
enemy's attack. Both sides were exhausted by the 
continued fighting, and neither was cheered by the 
thoughts of a decisive victory. The night was spent in 
burying the dead and attending the wounded. 

The following morning the march toward San 
Diego was resumed, Carson, with a body of twenty-five 
men, leading the way. Towards nightfall, as camp was 
being prepared near a stream of water, the attack by 
the Mexicans was resumed; the Americans retired to 
a hill a short distance off. A fierce cannonade from a 
neighboring hill was begun by the Mexicans, but the 
battery was silenced by a party of Americans, who 
stormed and occupied the hill. They were without 
food, and there was only water sufficient for the men; 
the condition was desperate, and a council was held to 
determine what measures had best be pursued. Carson 
took part in this council, and volunteered to try and 
pass the enemy's lines and reach San Diego to obtain 
assistance from Commodore Stockton. Lieutenant 
Beale, of the United States Navy, volunteered to ac- 



OF THE TERRITORY OP NEW MEXICO. 275 

company him. The proposition was accepted by Gen- 
eral Kearny, although none believed they would ever 
reach San Diego. 60 

Carson and Beale left the camp as soon as it was 
dark. They removed their shoes, in order to insure 
silence while passing the triple line of sentries which 
the Mexicans had stationed around the foot of the hill. 
Several times, as they crept cautiously along, these sen- 
tinels could have touched them with their rifles. Their 
advance was very slow, but finally they cleared the 
Mexican lines. For a distance of more than two miles 
they had crawled upon the ground, sometimes each 
hearing the other's heart beat, so deathly was the still- 
ness. Through the thorny bushes and cactus they trod 
with shoeless feet. All that night and all of the next 
day and into the night they continued their journey. 
At last the challenge of the sentinel at San Diego was 
heard. They were taken into the presence of Commo- 
dore Stockton, their story was told, and at once a force 
of two hundred men was sent by forced marches to 
relieve Kearny and his men. 

Carson was detained in San Diego, as without 
proper care there was danger of his losing both of his 
feet, so severely had they been lacerated. Lieutenant 
Beale was partially deranged by the hardships of the 
journey, and did not fully recover his health for more 
than two years. 

Carson and Beale left California together, and 
crossed the country from San Diego to Santa Fe", bear- 
ing despatches for Washington. When they arrived at 
St. Louis he was entertained by Hon. Thomas H. Ben- 
ton. Reaching Washington, Mrs. Fremont met him 



""Lieutenant Emory's Account. 




Home of Kit Carson, Taos, N. M. 



MILITARY OCCUPATION OP NEW MEXICO. 277 

at the station, declaring that her husband's description 
of him made an introduction unnecessary, and con- 
ducted him to her own and her father's house. Carson 
was lionized while in Washington. 

In the spring of 1848 he was again sent to Wash- 
ington, bearing despatches, and was the guest of Sena- 
tor Benton. He returned to New Mexico during the 
summer. 

During the following winter, 1849-50, the Indians 
were more than usually troublesome. On one occasion 
a party of them had stolen all of the horses belonging 
to some cavalrymen who were camped near Carson's 
home. An expedition was immediately organized, con- 
sisting of three settlers and the soldiers who had been 
robbed, under the command of Carson. Carson soon 
overtook the thieves, twenty well armed and mounted 
warriors. In the fight which followed five Indians 
were slain, and, recognizing Carson as the leader, whose 
prowess they well knew, the balance fled, leaving all 
of the stolen horses except four in Carson's possession. 

In the summer of 1850, at Santa F6, Carson learned 
that a number of desperadoes had volunteered to ac- 
company two wealthy men as far as Independence, in- 
tending to rob them on the way. He collected a party, 
and in one hour from the time of receiving the infor- 
mation was following them. He was joined two days 
later by an officer of the army with a detachment of 
twenty men, and after several days' hard riding over- 
took the caravan and arrested the leader of the des- 
peradoes. The owners of the caravan, Messrs. Brevoort 
and Weatherhead, when informed of the danger which 
had been theirs, were greatly surprised, and offered 
Carson a large sum as a reward for his services. This 



278 THE MILITARY OCCUPATION 

Carson refused, but later, upon their return from St. 
Louis, the traders presented Carson with a pair of 
silver-mounted pistols, suitably inscribed. 

The following summer, Carson, returning from a 
trip to St. Louis, met with what was perhaps the most 
perilous adventure of his life, subsequent to the close 
of the war with Mexico. An officer of the United States 
army had affronted the Cheyenne Indians by whipping 
one of their chiefs. The Indians were unable to avenge 
this insult upon the officer himself, but, filled with 
rage, were lying in wait for other persons traveling- 
over the Santa F£ Trail. It so happened that Carson's 
party was the next one following. He and his party 
of fifteen were captured, and at a council of the Indians 
were sentenced to death. Many years before, while a 
hunter at Bent's Fort, Carson knew the Cheyennes well, 
but it seems that the party which had captured him 
did not recognize him as their old friend. The Indians 
had spoken in their own tongue, not knowing that their 
words were understood by the prisoners. Carson ad- 
dressed them in Cheyenne, told them his name, and 
reminded them of his old friendship, and, after another 
council, they were released and immediately left for 
Rayado. 

Carson lived at Fernando de Taos for many years. 
After he returned from California, and while General 
Sterling Price was in command at Santa FC, Carson 
did all in his power to suppress the rebellious actions 
of a number of conspirators, among them Diego Archu- 
leta, who sought to overthrow the power of the Ameri- 
can government. Carson always believed that the Fr. 
Antonio Jose Martinez, of Taos, was the chief con- 
spirator of them all, and was fully aware of the strong 



OF THE TERRITORY OP NEW MEXICO. 279 

anti-American sentiments which the priest entertained. 
Carson seldom made threats, but on one occasion, at 
Taos, he said that nothing would give him more pleasure 
than a chance to kill the priest. 

After the peace with Mexico Carson built a home 
on the Rayado, where he lived with his wife and his 
niece, Teresina Bent, afterwards the wife of Aloys 
Scheurich. It was while living here that a large party 
of Comanches, Cheyennes and Arapahoe Indians sud- 
denly appeared before the house. Carson believed from 
their actions that they were hostile, and, calling his 
wife and niece into a room in the building, told them 
that he only had two shots in his pistol, and that the 
moment the Indians should succeed in entering the 
door, something he expected to happen immediately, he 
intended to shoot them both ; but the Indians did not 
make the anticipated assault. 

In the year 1854, Carson was appointed Indian 
agent for the Ute, Apache and Pueblo tribes. He held 
this office until 1861. In the preceding year Carson 
accompanied a party of friends on a trip from Taos 
to the San Juan country, in the northwestern part of 
New Mexico. While on this journey his horse fell with 
him, injuring him very badly. He never fully recovered 
from the effects of this fall, and it is believed that the 
injuries received were the cause of his death eight years 
later. 

Carson was at Taos when the news reached the 
Territory that Ft. Sumpter had been fired upon by the 
Confederates. He immediately began the work of rais- 
ing a regiment of native soldiers. The regiment was 
shortly organized, with Ceran St. Vrain as its colonel, 
and was known as the First New Mexico Cavalry, and 



280 MILITARY OCCUPATION OF NEW MEXICO. 

was composed of citizens of the counties of Taos, Rio 
Arriba, Santa Fe' and Mora. Carson was Lieutenant 
Colonel and J. Francisco Chaves the major of 
the regiment. It was mustered into the service at 
Ft. Union. St. Train soon resigned his colonelcy, and 
Carson became its commander. The regiment fought 
in the battle of Valverde, and after that fight a portion 
of the regiment garrison Ft. Craig for a short time. 

In 1863, Carson led an expedition against the 
Navajo Indians. Several battles were fought, in each 
of which his command was victorious, the most notable 
being at Canyon de Chelly, Rito Quemado, near the 
S;in Francisco Mountains, and at Mesa La Baca. A 
portion of his command was mustered out at Albu- 
querque in 1805. the balance of his regiment after- 
wards constituting the garrison of Ft. Garland, Colo- 
rado, in which locality the Utes were threatening 
host Llities. Colonel Carson met the chief of the Utes 
near the present town of Alamosa, where a treaty of 
peace was successfully negotiated. This portion of 
Carson's regiment was finally mustered out of service 
at Santa Fe in the year 1867. 

After the civil war Carson lived with Thomas 
Boggs, near the mouth of the Purgatoire river in Colo- 
rado. Here he built a home and established a small 
ranch. On this property he spent the remainder of his 
life, which was filled with suffering, and which he 
believed was caused by the accident received in the 
San Juan country several years before. His wife died 
on the 27th day of April, 1868, and Carson passed away 
on the 23rd day of May of the following year. During 
the last weeks of his illness he was treated by the 
government surgeon at Fort Lyon. While he was 




Grave of Kit Carson, Taos, N. M. 



282 THE MILITARY OCCUPATION 

reclining and smoking a pipe which had been given 
to him by General Fremont, he was stricken with a 
.severe fit of coughing, expectorated a large quantity 
of blood, and holding the hand of his intimate friend, 
Aloys Scheurich, gasped "Good-bye, Conipadre," and 
died. 

Colonel Carson died a very poor man; in fact, he 
left his family almost nothing. He was utterly unedu- 
cated and when it was necessary for him to write his 
name it was with great effort that he accomplished 
the feat. He never used intoxicating liquor. He had 
none of the vices of the times in which he lived. He 
was one of the most generous of men. He was a mem- 
ber of the Catholic Church, having been baptized at 
the time of his marriage with Josefa Jaramillo. He 
belonged to the Masonic order and was a member of 
Bent Lodge, at Taos. There was no better rifleman 
on the frontier and he was known to have been able 
to toss a silver dollar thirty or forty feet in the air 
and strike it with a ball from his rifle before it fell to 
the ground. 

Carson was buried at Ft. Lyon alongside his wife, 
but, as he had often expressed a desire to be buried 
at Taos, late in the year 1868 his remains and those 
of his wife were disinterred and taken to Taos, where 
they now lie in the cemetery of that place. Only one 
monument has been erected to the memory of this 
greatest of all American frontiersmen. This stands 
in front of the Federal building at Santa F6 and was 
built by Senator Stephen W. Dorsey. 

Carson's word was as good as his bond. The men 
under him in the army rendered him implicit obedi- 
ence. Carson was a small man physically, his forehead 



OP THE TERRITORY OF NEW MEXICO. 283 

was large and his eyes expressive. He was possessed 
of both physical and moral courage and when he be- 
lieved he was right nothing could intimidate him. 
He was a man of great intelligence, although unedu- 
cated, and often had the officers under him read to him, 
thus storing away in his retentive mind a wealth of 
knowledge that few of his time could equal. 




Colonel Manuel Antonio Chaves. 



MANUEL ANTONIO CHAVES. 

It is peculiarly fortunate, in writing of the lives 
of the Spanish conquerors and the events transpiring 
in this section of America, that it is possible to trace 
the course of events with great accuracy, particularly 
in relation to genealogy. We are indebted to the rec- 
ords of the Catholic fathers for this great privilege. 
Looking backward for more than two hundred years, 
the historical biographer is not compelled to indulge 
in flights of the imagination, but is always safe, having 
at his command that recorded certainty of dates and 
persons which prevents those journeys into the regions 
of tradition and legendary fable so often pursued by 
many. There is very little of the mist of uncertainty 
connected with the history of the long line of descend- 
ants of those Spaniards who planted the cross of Chris- 
tianity and civilization in this portion of America; 
but this fact does not detract from the interest of 
study or thought. The legendary fables of the Middle 
Ages are scarcely less interesting than the recitals of 
recorded facts found in searching the history of the 
Spanish speaking settlers of New Mexico. 

Almost a century before the Pilgrims landed on 
Plymouth Rock the banner of Santiago had been 
planted on the walls of Zuni and in the valley of the 
Rio Grande. Long before Jamestown, in the City of 
Mexico, already rebuilt on the ruins of Montezuma's 
capital, 'floating about like corks on water,' were hun- 
dreds of unemployed soldiers of fortune, dashing cava- 
liers, men of rank and position, eager for conquest 
and exploration. The age was both heroic and ro- 



Zm THE MILITARY OCCUPATION 

mantic and finds no parallel in the history of the 
world, and each advancing age of our literature brings 
cumulative evidence of the delight with which the 
extraordinary events and circumstances surrounding 
the expeditions of the Spaniards into this country 
must always be regarded. The progress of these ex- 
peditions attracted the attention of the entire Chris- 
tian world. The adventures of Cortez and Alvarado 
were the talk of the courts of Europe. The Spanish 
cavalier thought only of the renown and glory to be 
won in the infinite wilderness of the new world, just 
risen above the waves of the Atlantic. The accounts 
of the historians of the conquest of Mexico inspired 
a desire for further conquest. The popular literature 
of the period shows with what power the Spanish 
imagination had seized upon the thought of the great 
empire which had come to the crown through the 
arms of Cortez and his conquering hosts. For more 
than a century this enthusiasm continued, and those 
who came were not of the class compelled to leave 
their native shores, but consisted of representatives 
of the most wealthy and powerful families; men who 
cherished noble designs and great hope. Accompany- 
ing these cavaliers came the holy fathers, imbued with 
the strength of a holy purpose, endowed with a moral 
courage which was sublime. 

It is the personnel of these expeditions that gives 
the charm to the story of the Spanish conquistador. 
Unlike the conditions which existed when the Atlantic 
coast was settled by the Anglo-Saxon, the Spanish 
armies were not recruited from the slums and by-ways 
of the great cities of the kingdom. In the ranks of 



OF THE TERRITORY OF NEW MEXICO. 287 

their armies were found those who were high-born 
and nobly bred. 

Such were the ancestors of Don Manuel Antonio 
Chaves, a lineal descendant of one of the Spanish 
conquistadores, led by DeVargas. 

In the year A. D. 1160 the beautiful Spanish city 
of Chares was in the hands of the Moors. For many 
years they had occupied and held it against the con- 
stant endeavors of the Spanish king, Don Alonzo En 
riquez, to restore it to his crown. It remained for 
two cousins of the king to subjugate the Moorish oc- 
cupants. They were Garci Lopez and Ruiz Lopez, who 
raised an army in Portugal, and besieged the city. 
These young men were intrepid warriors and, after 
repeated assaults upon the city's walls, it fell into the 
hands of these young captains. The city had five 
gates, and, in the final assault, thousands of the Moors 
perished by the sword. Information of the downfall 
of the city was quickly communicated to Don Alonzo, 
who immediately visited the city, exiled the Moors 
who had survived, and gave the city to two brothers, 
who were also made knights of Santiago and ordered 
to add to their surname that of Chaves. This is the 
origin of the Chaves family name. On his visit to the 
city the king was accompanied by his queen and two 
princesses; all of these were present at the ceremony 
when knighthood was conferred upon the brothers, at 
which two fine Andalusian horses and saddles were 
presented and the golden spurs were placed upon their 
feet by the royal princesses' own hands. 70 



T0 Chaves es familia muy noble y antigua en Espana, cuyo 
nombre toma de la Villa de Chaves en Portugal, en esta 
forma: Garci Lopez y Ruiz Lopez, hermanos, ganaron esta 
villa ano de 1160 a los Moros sin ayuda del Rey, sino por 



2SS THE MILITARY OCCUPATION 

si los; y por esta misma memorable azana les queda los de 
este linage el apelido de Chaves. Esto lo afirmo un letre que 
permanece en el arco de la Yglesia mayor de dicha villa; que 
dice: 

Dos hermanos con ai guinas 

Sin Rey ganaron a Chaves; 

Donde en Rouxo Cristalina, 

Les hoy dado por mas signas 

En su escudo cinco Haves. 
Estos caballeros eran parientes muy cercanos del Rey 
Don Alonzo Enriquez. En 1212 el cabeza mayor de la familia 
de Chaves tomo parte en la batalla de las Naves de Tolosa, 
como lo canto Don Luis Zapasa en su canto famoso: 

Son Chaves cinco Haves relucientes 

En hermoso escudo Colorado; 

Su orla con ocho aspas excelentes 

De San Andres el bienaventurad. 

Por los que antiguamente de sus gentes 

Fue el lugar de Baeza conquistado 

Que su esfuerzo fue tal dia 

Y fue de Portugal su antigua guia. 
De los caballeros dichos descendio Martin Reymundes de 
Chaves, el primero que paso de Portugal a Castilla, antes 
del ano de 1280, a servir al Rey Don Fernando IV, y a la 
Reina Dona Maria, su madre, la cual ano de 1304, le envio 
por su Embajador al Infante Don Enriquez de Castilla y 
otros senores que habian ido a Aragon a jurar por Rey a 
Don Alonzo de la Cerda, y hal andose en Ariza, hizo tanto 
con ellos y estando el dia siguiente para jurar dicho Cerda, 
deshizo el trato en la forma que leemos en la cronica del 
Rey Fernando. 

The foregoing is found in the Royal Archives of Spain, 
at Madrid. The head of the Chaves family in Spain to-day 
is El Conde de Caudilla, who is stationed in the royal palace, 
and whose title is "Mayordomo de la Semana." The Grand 
Duchess de Noblejas is his cousin, and in the middle of her 
coat-of-arms is found that of the family of Chaves. 



OP THE TERRITORY OP NEW MEXICO. 289 

Don Fernando de Chaves, 71 whose full name was 
Fernando Duran de Chaves, and a son, Don Bernardino 
Duran de Chaves, were officers under Don Diego de 
Vargas Zapata Lnjan Ponce de Leon. Don Bernardino 
had a child named Diego Antonio de Chaves, whose son, 
Pedro de Chaves, married Dona Catalina Baca, of 
Tome", in Valencia county, New Mexico. A sister of 
Doila Catalina was the indirect cause of the massacre 
of nearly all the inhabitants of the town of Tome" by 
Comanche Indians in later years. Don Pedro de 
Chaves had a number of children, among whom was 
Don Julian Chaves, the father of Don Manuel Antonio 
Chaves. 



"Translation from Diary of Diego de Vargas Zapata Ln- 
jan Ponce de Leon. In the New Mexico collection of Ar- 
chives, now in the possession of the United States Govern- 
ment, Washington, D. C, and which were unhappily loaned 
to the general government for purposes of translation and 
chronological arrangement, with the understanding that they 
would he presently returned to the custody of the Territorial 
authorities, but which are now most indecently claimed by 
the general government. 

December 1, 1693. 

Entry into this town of Santa Fe, by said governor and 
captain-general : 

On the sixteenth day of the month of December, date 
and year above, I, the said governor and captain-general, 
about the eleventh hour of said day, made my entry into this 
town of Santa Fe, and coming in sight of the walled village 
where the Teguas and Tanos reside, with the squadron on 
the march and in company of the very illustrious corporation 
of this town and kingdom, its high sheriff and color-bearing 
alderman, the captain, Don Bernardino Duran de Chaves, car- 
rying the standard referred to in these acts and under which 
this land was conquered, we arrived at the square where we 
found the said natives congregated, the women apart from 
the men, all unarmed and abstaining from any hostile dem- 



290 THE MILITARY OCCUPATION 

onstration, but instead of behaving themselves with great 
composure, and on proffering to them our greeting, saying 
'Praise to Him' several times, they answered 'Forever'; and 
seeing the approach on foot of the very reverend father cus- 
todian, Friar Salvador de San Antonio, and in his train the 
fifteen monks, priests and reverend father missionaries and 
the lay brothers of our father, St. Francis, chanting on their 
march divers psalms, I get down from my horse and my 
example was followed by the said corporation, corporals and 
officers of war and by the ensign of the royal standard in 
company with the said high sheriff and color-bearing alder- 
man, all having gone out with the purpose of receiving the 
said reverend fathers, who, in union with their very rever- 
end father custodian, came, singing in processional order, 
and when I made due obeisance as I was passing on my 
way to the entrance of said village and town, and the same 
thing was done by my followers, and in the middle of the 
square a cross had been raised, where all present knelt 
down and sang psalms and prayers, including the Te Deum, 
and in conclusion the Litany of Our Lady and the said very 
reverend father custodian, attuning his voice, sang with such 
joy and fervor that almost every one without exception was 
duly moved by the happiness of hearing in such place the 
praises of our Lord God and His Most Holy Mother. And 
after he sung the hymn three times, I offered my congratu- 
lations to said very reverend father and the rest, telling 
them that notwithstanding the last year, at the time of my 
happy contest, I had given possession to the very reverend 
father, President Friar Francisco Corvera, who was one of 
the fathers who came at the time as chaplains to said army, 
which said reverend father President had witnessed and ac- 
cepted and in this manner and in the name of this order 
and in favor of his sacred religion would do it again and 
would grant it to him anew with great pleasure, considering 
the great resignation with which all, together with their 
very reverend father, do so heartily and freely agree to em- 
ploy themselves in the administration of the Holy Sacra- 
ments in this said newly conquered kingdom; to which the 
said very reverend father answered, tendering his thanks 
for himself and all his order, and that by the use of said 
grant, invested and given by me, the said governor and 



OF THE TERRITORY OP NEW MEXICO. 291 

captain-general, they had enough for the maintenance of their 
rights — much more than when they entered immediately in 
the administration of the missions ahove mentioned; and 
then I spoke to said corporation and told them I restored 
to them possession of their town and that likewise they 
ought and should give me, the said governor and captain- 
general, testimonials of having taken the same, entering 
again therein and of the pacification of said Indians and 
their submission to the Divine and Humane Majesty; in 
the same manner, to the said natives in the plaza of said 
village, I told and repeated what Our Lord, the King had 
sent me on the news I gave his royal Majesty of their sur- 
render last year, with orders that this kingdom should be 
re-peopled; that with the information I had given of my 
having pardoned them and of their obedience which was the 
cause of said pardon, all his displeasure had vanished and 
he would call them again his children, and for that reason 
he had sent many priests in order that they might be Chris- 
tians as they were, and that likewise he sent me with the 
soldiers they saw for the purpose of defending them against 
their enemies; that I came not to ask anything of them, 
but only for two things: that they should be Christians as 
they ought, hearing mass and saying their prayers, and their 
sons and women attending to the catechisms as the Span- 
iards did; and the second was that they might be safe from 
the Apaches and friendly with all, and that this was my 
sole object in coming, and not to ask or take away any- 
thing; and the said very reverend custodian assured them 
of my good heart and the good intentions which animated 
the Spaniards, which were not as they had supposed; that 
is I, the said governor and captain-general had come to kill 
them as they said, he would not have come, and so they 
should give no credit to anything but what I and their rev- 
erend father told them; besides I ordered them that if they 
had among them any bad and malicious Indian they should 
tie him up and bring him to me to ascertain the truth about 
what he said, and in case of falsehood I would order his 
instant execution, and that in this way we could live as 
brothers and be very happy; and after this talk we went 
away again, leaving them their village, to seek a more pro- 
tected site, the soil being covered with snow, and only about 



21)2 'NIK MILITARY OCCUPATION 

Manuel Chaves, whose full name was Manuel An- 
tonio Chaves, was born in the town of Atrisco, on the 
west side of the Kio Grande, opposite the present city 
of Albuquerque, on the 18th day of October, 1818. 
His father was Don Julian Chaves, a great grandson 
of General Fernando de Chaves, the owner of the 
Atrisco land grant. His mother was Dona Maria de la 
Luz Garcia de Noriega, a daughter of Captain Fran- 
cisco Garcia de Noriega. In 1841 he was married to 

midday I found in the outflows and slopes a table land and 
mountain susceptible to some repair, and therein I, the said 
governor and captain-general established my camp, despis- 
ing the dwelling place, a tower house which had been pre- 
pared for my occupation, having in the same a fireplace, 
which a resident told me belonged to said house and as such 
to himself; to which I replied he might repair to the same; 
and in testimony whereof, regarding said entry, I sign my 
name in company with the very illustrious corporation and 
corporals and war officers; likewise the two secretaries who 
were present therein in said town. 
(Seal) Dated Ut Supra. 

DIEGO DE VARGAS ZAPATA 

LUJAN PONCE DE LEON. 
LORENZO DE MADRID. 
FERNANDO DE CHAVES. 
J. DE LEYBA. 
LAZARO DE MESQTJIA. 
ROQUE MADRID. 
JOSEPH MIERA. 
XAVIER DE ORTEGA. 

Secretary of the Town Corporation. 
JUAN DE ALMAZAN. 
Before me: ANTONIO DE BALVERDE, 
Secretary of Gov. and War. 
I attest the above: 

ALFONZO RAEL DE AGUILAR, 

One of the Secretaries of Gov. and War of the 
Governor and Captain-General." 



OP THE TERRITORY OP NEW MEXICO. 293 

Dona Vincenta Labadie, a great grand-daughter of the 
famous captain, Sebastian Martin. He died at bis 
borne, at San Mateo, Valencia county, New Mexico, in 
1889, leaving a family of eight children. Manuel Chaves 
was descended from a long line of intrepid warriors 
and, by nature, was a leader of men. When very 
young the family moved from Atrisco to Cebolleta, 
where he lived until 1831, when he took up his resi- 
dence in the Villa de Santa Fe\ When sixteen years 
of age he took part in his first Indian campaign against 
the Navajos. His oldest brother, Don Jose Chaves, 
organized a company of fifty young men for the cam 
paign and Don Jose was made commander. In those 
days all the savage tribes w r ere at war and many were 
the murders committed by them in their merciless 
raids. Many Mexican children were carried into cap- 
tivity. The settlers, by way of retaliation and the 
infliction of punishment upon the Indians, in their 
campaigns into the Indian country, would also take 
captive children, bring them to the settlements, where 
they would either be sold or retained as servants. 
These captives were always treated with the greatest 
kindness by the Mexicans. 

The expedition, of which Chaves was a member, 
was composed of picked men, and the hopes of its 
members for a successful issue ran high, expecting, as 
they, did, to return, bringing droves of horses and 
sheep and numerous captives, which last, at this time, 
were worth five hundred dollars each. A terrible fate, 
however, awaited them. Having travelled many days, 
and expecting to find the Navajos scattered all over 
their country, as was their custom, as they lived in 
bands, the expedition arrived at the Canon de Chelly, 



294 THE MILITARY OCCUPATION 

where thousands of Indians were gathered, holding 
great feasts and ceremonial dances. The Mexicans 
were soon discovered by the Indians and, in the ter- 
rific battle which ensued, lasting all da}', every one 
of the expedition was either killed or wounded. Only 
two survived — Manuel Chaves and a civilized Navajo 
boy, who had accompanied the expedition from Cebol- 
leta, where he had been raised by a prominent Mexican 
family. Chaves had seven arrow wounds, one arrow 
having pierced his body through and through; the boy 
was also wounded in the breast, but not so severely as 
to prevent his hiding in the rocks of the canon. When 
night came the Indians moved to their camps, believ- 
ing that every one of their enemies had been slain. 
After much effort Chaves succeeded in finding the 
dead body of his brother, which, with the aid of the 
boy, he carried to a nearby arroyo and buried in the 
sand. Finally the two young men started on their 
journey to the settlement at Cebolleta; all night and 
the following day they travelled, arriving on the morn- 
ing of the second day at a beautiful spring of clear, 
sweet water, situate where now is located Fort Win- 
gate, New Mexico. They had been without food or 
water since the beginning of the battle three days 
before. Chaves removed his clothing and took a bath 
in the cold water of the pool near the spring, and his 
wounds bled freely. The Indian boy would not get 
into the water, fearing that the result would be bad 
for his wound. Instead, he took some carnaza from 
the inside of his moccasins and attempted to dress the 
wound in his breast. Starvation seemed to be their 
lot, when they found some very large cactus, and 
stripping the thorns, made an excellent meal. That 



OF THE TERRITORY OF NEW MEXICO. 295 

night the pair slept in a grove of trees not far from 
the spring, and, when daylight came, Chaves, much 
to his surprise, found the Indian boy dead and his body 
very badly swollen. Covering the boy's body with 
brush, Chaves proceeded on his way alone, traveling 
for two days and nights with no food except cactus. 
On the morning of the third day he came across some 
fresh moccasin tracks, which led him to a large rock, 
which he managed to climb, where, to his great sur- 
prise and satisfaction, he found a big hole, full of 
water. The day following he came to the lovely val- 
ley where San Mateo is now located and passed the 
night under two beautiful oak trees. 72 

The next day he noticed some smoke on top of 
the San Mateo Mountains, and later found some Mexi- 
can shepherds, who prepared a litter and carried him 
to the town of Cebolleta. He continued living in 
Cebolleta for several years and became renowned as 
an Indian fighter, leading many successful expeditions 
against the savage foes. About 1837, he took up his 
residence in Santa Fe, where he lived for many years, 
and where, with the Pinos and other leaders, he fig- 
ured very prominently in the history of the Capital. 

In 1841, when Manuel Armijo was governor of 
New Mexico, news was brought to Santa F6 that a 
large party of Americans were traveling through the 
eastern portion of New Mexico and at the time were 
in the vicinitv of Anton Chico, on the Pecos river. 



7 "In 1876, Chaves moved from the Pecos river, where he 
was then living, to San Mateo, and built his home within one 
hundred feet of the oak trees. Immediately back of these 
trees he built a family chapel, in which his remains lie 
buried together with those of his wife and children who 
have died. 



296 THE MILITARY OCCUPATION 

The governor was advised that the men were armed 
and were not traders similar to those who traveled 
over the Santa Fe trail from the Missouri river. Ar- 
mijo very wisely came to the conclusion that they 
were Texans bent upon asserting the claim of the 
Texas Eepublic to all that portion of New Mexico 
lying east of the Rio Grande. Calling together his 
military si alt', a council was held and it was deter- 
mined to immediately apprehend the invaders. Diego 
Archuleta and Manuel Chaves were ordered to or- 
ganize a force of one hundred men, with instructions 
to proceed to the camp of the American force and 
bring them to the capital dead or alive. No time was 
lost by Chaves in organizing this command, and, well 
armed, they left the Capital for Anton Chico, and soon 
learned that the Americans were in camp not far from 
San Jose, at a place called Canon Largo, situate in a 
dense forest. During the night they surrounded the 
camp of the Americans, and, at daylight the following 
morning, Chaves posted his men in convenient places 
and walked into the cam}) where breakfast was being 
prepared. He went unarmed. Being familiar with the 
English language, he saluted them in that tongue and 
asked for the leader of the party. As he spoke, a 
fine looking young man came from a tent and an- 
nounced that he was the commander of the party and 
that his name was Cooke. Chaves then explained to 
him that, acting under the orders of the governor of 
New Mexico, they had come from Santa Fe' for the 
purpose of taking them to the Capital as prisoners, 
and explained further the belief entertained by Gov- 
ernor Armijo as to their motive in coming to New 
Mexico. Cooke protested that they were simply trav- 



OF THE TERRITORY OP NEW MEXICO. 297 

eling as friends on pleasure and hunting, and this 
being the case, he did not see any good reason for 
their being molested; that they were well armed, on 
account of the Indians, and asked what would be done 
in the event he refused to surrender. Chaves then 
gave a call and in a moment his men approached the 
camp from all directions, rifles in hand. Chaves in- 
formed Cooke that he and his men would be well 
treated on the trip to Santa Fe" and, after receiving 
their arms, proceeded at once to the Capital, where, 
on their arrival, they were turned over to Governor 
Armijo. The Governor gav-e^the entire party in charge 
of Captain Damasio Salazar, an officer in the Mexican 
army. Chaves and Cooke became very friendly during 
the march to Santa Fe, and, upon application to Gov- 
ernor Armijo, Cooke became the guest of Chaves at 
his home in Santa F6 until the entire party were or- 
dered sent to the City of Mexico b} r Armijo, who fully 
believed that he had captured the advance guard of 
an army of conquest and occupation from the Republic 
of Texas. Cooke made many friends iu Santa Fe, who 
parted with him with great regret. Chaves and Ar- 
chuleta received the cross of honor from the Mexican 
Government on account of their services in this 
exploit. 

Chaves was a resident of Santa Fe when the army 
under General Kearny took possession of the city and 
territory. He was one of the officers under Armijo, 
in command of the volunteer forces at Apache pass, 
and was in favor of a defense of the position taken 
by the Mexican troops in the narrow defile through 
which the Kearny column was expected to pass. 



298 THE MILITARY OCCUPATION 

In December, 1846, rumors were current in certain 
circles in Santa ¥6 that a conspiracy was being formed 
by certain Mexican leaders looking to the overthrow 
of the government. Some old residents of Santa ~F6, 
who had come from the United States long before the 
Mexican war, informed General Price, who was in com- 
mand of the American army at Santa Fe', that there 
was no doubt that the Americans would be attacked 
when they least expected it, and that most of them 
would be killed. Information of the same sort was 
brought to Donaciano Vigil, the secretary of the Ter- 
ritory, by a woman of shady character named Tules 
Barcelona. Steps were immediately taken by the mili- 
tary to suppress the outbreak and twelve or fifteen 
prominent Mexicans were taken into custody, while 
others, more prominently connected with the affair, 
made good their escape. Among those arrested by 
General Price were Manuel Chaves, and his warm 
friends, Miguel Estanislado Pino and Nicolas Pino. 
General Price was advised to keep them in prison and 
all would be well, and also suggested that it would be 
well to have Manuel Chaves shot, as he was the most 
dangerous man in the Territory in case of trouble. 
Chaves and the Pinos were arrested while sitting 
under the portal in front of the Exchange hotel. Don 
Miguel E. Pino was the greatest statesman of his day 
in New Mexico. He was a venerable looking man and 
was respected and loved by all who knew him. He 
was kept in the military prison seven days and finally 
released. Don Nicolas Pino, a younger brother of 
Don Miguel, was the best looking man in New Mexico. 
He favored his father, Don Pedro Bauptista Pino, the 
only man who ever represented New Mexico in the 



OF THE TERRITORY OP NEW MEXICO. 299 

Spanish Cortes. He was a very large man, over six 
feet tall and weighed about two hundred and twenty- 
five pounds. Don Nicolas was kept in jail twenty- 
two days. Don Manuel Chaves was a small man, 
five feet seven inches in height and weighed 
about one hundred and forty pounds. He had 
steel gray eyes and light brown hair and a 
florid complexion. One day while Chaves was in 
prison, General Price sent Captain Angney to 
talk with him and ascertain whether he had any in- 
formation of the conspiracy that was said to be form- 
ing all over New Mexico for the purpose of killing the 
Americans, and whether he was in sympathy with 
the movement and would co-operate with the con- 
spirators if free to do so. Chaves said in reply: 'Cap- 
tain, be kind enough to take my compliments to Gen- 
eral Price and say that he has nothing to fear from 
me now. When Armijo disbanded the volunteer army 
at Canoncito, I gave up all hope of being of any service 
to my country at this time, and my record as a man 
will show that I am not at all likely to sympathize 
with any movement to murder people in cold blood. 
Tell him also that if the time ever comes when I can 
be of any service to my own country, General Price 
will find me in the front ranks." 

Enemies of Chaves finally induced General Price 
to order a court martial for his trial. This court con- 
vened in January, 1847, and Chaves, under a strong 
guard, was taken to Military Headquarters where the 
court was in session. He was charged with treason 
against the United States and Captain Angney was de- 
tailed to defend him. Captain Angney was a lawyer 
by profession and his defense of Chaves was masterly. 



300 THE MILITARY OCCUPATION 

He contended that inasmuch as the prisoner was not a 
citizen of the United States there could be no trea- 
sonable act on his part, and that in being ready to 
resist the Americans who had taken possession of 
the country, was an exhibition of patriotism on his 
part and worthy of the admiration of all brave men, 
and that his own country would forever bear the stain 
of disgrace if it undertook, under any pretext, to shoot 
a man for endeavoring to defend his country in time 
of need. Chaves was acquitted and set at liberty. He 
retired to his home, immediately in the rear of the 
Guadalupe church in Santa F6 } and, early the follow- 
ing morning, was informed of the breaking out of the 
revolution at Taos and the killing of Governor Bent 
and other Americans at that place. Steps were taken 
at once by General Price to put an end to the revolu- 
tion and to punish the insurgents. An "Emergency 
Battalion" was organized in Santa Fe^ made up of 
citizens, with Ceran St. Vrain as captain. Chaves was 
offered a commission in this battalion by St. Vrain, but 
declined, and, having taken the oath of allegiance to 
the United States, marched in the ranks to Taos, an 
enlisted man. Don Nicolas Pino also enlisted and 
both took an active part in the battle of Taos. While 
the battle was in progress Chaves and St. Vrain were 
fighting side by side, when two Indians came running 
toward them on horseback, evidently looking for a 
hand to hand conflict. As they approached, Chaves 
raised his rifle and fired; St. Vrain expected to shoot 
the other Indian, but, at the very moment of taking 
aim, a big Apache Indian jumped from behind some 
cedars and grabbed St. Vrain's rifle; a fierce struggle 
followed; St. Vrain called to Chaves to kill the Indian 



OF THE TERRITORY OP NEW MEXICO. 301 

who was coming on horseback, as he would handle 
the Apache. Chaves had killed the Indian at whom 
he had fired his first shot and his companion turned 
and fled. Chaves then ran to the assistance of St. 
Vrain and struck the Apache a terrific blow on the 
head with his "Hawkins" rifle. The Indian fell dead 
across the legs of St. Vrain, who was completely ex- 
hausted and in another moment the Indian would 
have taken his life with an immense knife which he 
had been trying to use. From that day St. Vrain and 
Chaves were the greatest of friends. 

Chaves was a wonderful shot with the rifle and 
bow and arrow. No Indian was ever found who could 
shoot an arrow as far as he. While he lived in Santa 
F6" many parties of Indians were accustomed to come 
to the city for the purpose of shooting with him and 
wagering horses, blankets and buckskin on the result, 
but they were invariably defeated. 

In 1855, the Utes and Apaches of the North went 
on the war path and many settlers were killed. The 
military authorities determined to send an army to 
suppress them. For this purpose a battalion of 
mounted volunteers was called into service by General 
Garland, at that time in command of the Department 
of New Mexico, with headquarters at Santa Fe\ 
Colonel Ceran St. Vrain was placed in command of 
the battalion and Manuel Chaves was a captain of one 
of the six companies comprising the command. Alex- 
ander McDowell McCook was the Quartermaster of 
the expedition. He was then a young lieutenant and 
afterwards became a Major-General during the Civil 
War. William Craig and Smith H. Simpson were 
officers in this expedition. 



302 THE MILITARY OCCUPATION 

This expedition left Santa F£ and traveled to the 
north as far as a place known as Saguache, where 
the Utes and Apaches in great numbers were in camp. 
Scouts had advised the main body of the Indians of 
the approach of the troops, and, as the latter came in 
view, from the forest came the Indian charge, all 
mounted, wearing war bonnets, and carrying shields 
and lances. There were hundreds of the painted sav- 
ages, and the attack turned into a hand-to-hand con- 
flict. A young Apache chief rode to and fro, yelling 
at the top of his voice, and encouraging his warriors 
at every hand. This chief, with lance in hand, boldly 
charged upon Captain Chaves, who killed him with 
a shot from his unerring rifle; before the Indian had 
fallen from his horse he was dragged to the ground 
by Antonio Tapia and scalped with a knife, which 
afterwards came into the possession of Major Weight- 
man, and was used by him when he killed Felix X. 
Aubrey in the Exchange hotel, at Santa Fe\ The 
Indians finally turned and fled, having suffered great 
loss. Following this battle, were fought those of Co- 
chotopa, Poncha Pass, Nepesta, Cerro Blanco and El 
Rito, in all of which the troops were victorious. 73 In 



""Company D New Mexico Mounted Volunteers. 

Head of San Luis Valley, New Mexico, April 30, 1855. 
Col. Fauntleroy. 

Sir: I have the pleasure in reporting to you that after 
I received your order through Lieutenant Magruder, A. A. G., 
to burn everything that was left by the Utes, I burned a 
great number of shields, bows and arrows, buck-skins and 
other things not worth mentioning. In the meantime, I 
marched up to the mountains and above the camp to the 
right, close to the Arkansas river, and counted forty bodies 
of dead Indians within about three miles of the camp where 
we had the fight. My company found 29 horses and one 



OP THE TERRITORY OP NEW MEXICO. 303 

the month of July, 1855, the surviving chiefs came to 
Santa F6 and asked for peace, and, in August of that 
year, a treaty was signed. 

In 1859, the Southern Apaches began the com- 
mission of many depredations, and many settlers and 
travelers were murdered by marauding bands, chiefly 
under the leadership of the great Apache Chief, Man- 
gas Coloradas. 

Colonel Loring, a hero of the Mexican War, was, 
at that time, in command of the Department of New 
Mexico. He determined to lead, in person, a cam- 
paign against the Apaches. He requested Captain 
Chaves to raise a company of volunteers to accom- 
pany him. This was done by Chaves in five days. 
The expedition was composed of several companies 
of regulars and the volunteers, under Captain Chaves. 
Traveling south, on the Jornado del Muerto, the com- 
mand crossed the trail of a very large band of Indians. 
Colonel Loring called a council of his officers to deter- 
mine upon the best plan of pursuit. Many opinions 
were expressed, and finally Loring asked Chaves what, 
in his judgment, was the best plan. "Colonel," said 
Chaves, "I am a soldier, and came here to obey orders, 
but now that I am asked my opinion, I think there 
is only one way, and that is to follow them Indian 
fashion, traveling day and night, make no fires, and 
eating what we can without cooking. They know we 
are on their trail, and unless we move rapidly they 



mule. I do not doubt that the Indians that got away will 
die in a very short time, as the blood on the trail shows 
that they could not live long. 

I remain your obedient servant, 
MANUEL CHAVES, 

Captain, N. M. Mounted Volunteers." 



304 THE MILITARY OCCUPATION 

will be in Mexico before we get sight of them. If 
yon will allow me to go ahead with my company, I 
know that I will overtake them." "All right, cap- 
tain," said Loring, "if you can stand it, we can; go 
ahead." The pursuit began. Day and night they trav- 
eled the dreary, sandy desert wastes. Some of the 
men, exhausted, fell from their saddles; others fell 
asleep while riding; officers and men began to grum- 
ble, and, finally. Loring halted the command and the 
men took a night's rest, all but Captain Chaves, his 
half-brother, Don Romen A. Baca, Don Lorenzo Laba- 
die, his brother-in-law, and Don Jesus Chaves, a close 
relative. These were all Indian hunters and scouts of 
experience. When they had made a close examina- 
tion of the trail. Chaves came to the conclusion that 
the Indians were only a short distance in advance. 
Carefully and stealthily each man scouted and 
searched, and, within two hours, the Indians were 
located at the bottom of a deep canon; their fires were 
so numerous that they could not.be counted. Quickly 
Chaves and his companions returned to camp and re- 
quested Colonel Loring to order an immediate advance. 
The order was given, and before daylight the troops 
had arrived at the rim of the canon, where the almost 
extinguished camp fires of the Indians could be plainly 
seen. The proper manner of attack was discussed by 
koiing with his officers, some advising that the com- 
mand be divided, one part going below, and the other 
above the Indian camp. Captain Chaves stated that 
if this plan was pursued, before the bottom of the 
canon could possibly be reached by the troops, the 
Indians would be far away; that the only way was 
to dash down the precipitous walls of the canon, on 



OF THE TERRITORY OP NEW MEXICO. 305 

foot, thus giving the enemy a complete surprise and 
kill or capture them before they could run away. 
Some of the officers opposed Chaves' plan as being too 
dangerous, a Captain Butler saying that it was a bar 
barous proposition, when Loring ordered Butler to 
take his company and go below and find a place for 
easy descent into the canon. Turning to Captain 
Chaves, he said: "Now, Captain, I will go down the 
precipice with you." And down they went, spread- 
ing consternation and dismay in the ranks of the In- 
dians; a great slaughter followed; Indian after Indian 
fell by the bullets that were fairly rained upon them. 
Colonel Loring only had one arm, having lost the 
other in the Mexican war, but with pistol in hand he 
was always in the lead. Many Indians were cap- 
tured, among others the chief himself, the famous, 
bloodthirsty warrior, Mangas Coloradas. Chief Man- 
gas was a very old man, with white hair, and was 
captured as he came out of his tent, rifle in hand. 
The troops were now in hot pursuit of the Indians 
who had fled down the canon. Captain Chaves left 
a man named Johnson, a volunteer, with others, be- 
hind, to guard the captives. When they returned they 
found that Johnson had killed the chief, saying that 
he had done so while Mangas was endeavoring to 
escape. 

The year following the return of this expedition 
witnessed the breaking out of the civil war. When 
the news of the firing upon Ft. Sumpter reached mil- 
itary headquarters at Santa Fe\ Colonel Loring sent for 
all the officers in the several camps and posts in New 
Mexico to be present at a conference at Ft. Marcy. 
The meeting was held in the old Palace at Santa 



306 THE MILITARY OCCUPATION 

Fe. He told the officers of the commencement of hos- 
tilities and stated that he had called them together 
that they might decide which side each would take. 
"For my part, he said, "the South is my home, and 
I am going to throw up my commission and shall join 
the Southern army, and each of you can do as you 
think best." Captain Jewett and several others, from 
the South, expressed the same sentiments. Colonel 
Loring called upon his old friend, Captain Chaves, and 
asked him to join him and promised that he would 
receive a commission as Colonel in the Southern army. 
Captain Chaves declined, saying, "Colonel, when I 
took the oath of allegiance to the United States, I 
swore to protect the American flag, and if my serv- 
ices are needed I shall give them to the country of 
my adoption and her flag." 

The same year volunteer regiments were raised 
in New Mexico, and Captain Chaves received a com- 
mission as Lieutenant Colonel of the 2d Regiment, 
New Mexico Volunteer Infantry. Miguel E. Pino was 
colonel of the regiment. Colonel Chaves, with a por- 
tion of the regiment was ordered to Ft. Fauntleroy, 
now Ft. Wingate, where he remained in command un- 
til February, 1862, when the entire regiment, under 
Colonel Pino, proceeded to Valverde and took part in 
that battle on the 21st day of that month. After the 
battle of Valverde, Chaves and a portion of his regi- 
ment followed the Confederate forces north, and took 
part in the battle of Glorieta, some of his men aiding 
in the destruction of the Confederate wagon train at 
Canoncito. After the war was over, Colonel Chaves 
returned to his home to find that the Navajos had 



OP THE TERRITORY OF NEW MEXICO. 307 

stolen all his sheep, cattle and horses and left him 
penniless. 

After Colonel Chaves had been mustered out of 
the army, the Navajos made a descent upon the val- 
ley of the Rio Grande in the county of Socorro, kill- 
ing many people and driving off great herds of cattle, 
horses and sheep. They also carried into captivity 
a son of Marias Contreras, a very prominent citizen 
of Socorro county, who is still alive. Colonel Chaves 
was notified of the raid and Contreras asked his aid 
in recovering possession of his son. Chaves started 
with eight picked men and joined Contreras and To- 
mas Baca, of Socorro, and took up the trail of the 
Indians. After traveling about one hundred miles 
they came upon the Indians, who numbered over one 
hundred warriors. Chaves and his companions were 
mounted on mules, and as the Indians saw them com- 
ing they turned to give them battle. Chaves and his 
men dismounted and tied their animals to trees. From 
behind the trees also Chaves and his intrepid compan- 
ions fought. At first the Indians directed all their 
efforts to the killing of the mules, picking them off 
one by one. The fight lasted all afternoon until dark, 
at which time every man had been killed by the Indi- 
ans except Chaves, Contreras and Baca. Baca's leg 
had been broken by a rifle ball, and that night Chaves 
and Contreras carried him as best they could, until 
they found a sheltered place, where they expected the 
battle would be renewed in the morning. The Indi- 
ans, however, left during the night. When this fight 
began Colonel Chaves had 183 bullets and plenty of 
powder; when night came he had just three bullets 
left. According to Colonel Chaves and his compan- 



30S MILITARY OCCUPATION OF NEW MEXICO. 

ions, over fifteen savages fell that day by Chaves' 
rifle. During the entire fight he walked from one tree 
to another, firing the guns of his companions, while 
they loaded his for him. One of the young men who 
lost his life in this battle was Jose Maria Chaves. 
All day he fought, was wounded half a dozen times, 
and finally fell with a bullet through his head. Colo- 
nel Chaves was not even wounded, although two bul- 
lets passed through his hat. The three friends left 
the scene of battle for the Kio Grande, and on the 
way met Captain Roman A. Baca, with a party of 
men, who had come out, believing that Colonel Chaves 
and his companions had all been killed. Colonel 
Chaves said many times that this was the hardest bat- 
tle he ever fought. 

Colonel Loring, after the close of the civil war, 
went to Egypt, where he was an officer under the Khe- 
dive. On his return to the United States, he wrote a 
volume of personal memoirs, in which he tells most 
graphically of his campaigns and services to his coun- 
try in New Mexico and the Southwest. He writes 
most highly of his friend, Colonel Manuel Chaves, and 
says that, had "Chaves lived in the Middle Ages, he 
would have been a second Cid Campeador." 



5^ •<•*. 




General Nicolas Pino. 



NICOLAS PINO. 

There were many valiant cavaliers accompanying 
the Re-Conquistador, Captain General Diego de Var- 
gas Zapata Lujan Ponce de Leon, to the Kingdom of 
New Mexico in the year 1G93, not the least of whom 
was Captain Nicolas Ortiz Nino Ladron de Guevarra. 
He was a most adventurous spirit, whom a restless 
love of enterprise induced to join the expedition un- 
der the great Spanish captain. The life of Ortiz is as 
brilliant and exciting as a fairy tale, and his remark- 
able adventures served to develop a bold and cour- 
ageous character. 

While yet a boy he had won the favor of his 
king by winning from the Moors the city of Guevarra, 
by which exploit he secured from his royal master the 
addition to his name, "Nino Ladron de Guevarra." 

When the expedition under De Vargas sailed 
from Spain for the New World, having in view the 
re-conquest of New Mexico, Captain Nicolas Ortiz 
Nino Ladron de Guevarra brought with him his wife 
and family. His wife was named Maria Ana Garcia 
Coronado. There were several children, of whom the 
eldest was also Nicolas Ortiz Nino Ladron de Gueverra. 
The latter married Dona Juana Baca, and of the mar- 
riage there were three children, Nicolas Ortiz Nino 
Ladron de Guevarra, Third, Francisco and Toribio 
Ortiz Nino Ladron de Guevarra. The eldest married 
Dona Gertrudis Paiz Hurtado, of which marriage there 
were two children, Juan Antonio and Antonio Jose. 
The last named married Dona Rosa de Bustamente, 
the daughter of Don Pedro de Bustamente, Governor 



MILITARY OCCUPATION OP NEW MEXICO. 311 

of the Province of New Mexico, of which union there 
were five children, among them a daughter, Ana Ger- 
trudis Ortiz Nino Ladron de Guevarra, who became the 
wife of Juan Domingo Baca. There were twelve chil- 
dren of this marriage, one of whom, Ana Maria, mar- 
ried Pedro Bautista Pino in the latter part of the eigh- 
teenth century. 

Don Pedro Bautista Pino was probably the great- 
est statesman ever born in New Mexico under Spanish 
rule. He was the only representative to the Spanish 
Cortes ever sent from New Mexico. He went to Spain 
in 1810, and made a report to the King, written at 
Cadiz, November 12, 1811, which report is, for all pur 
poses, a history of New Mexico up to that time. In 
his capacity as representative in the Spanish Cortes, 
he accomplished little, and after his return to New 
Mexico, a statement of his services abroad was embod- 
ied in a charming couplet, as follows : 
"Don Pedro Pino fue; 
Don Pedro Pino vino." 

Don Pedro Bautista Pino was the father of Fa- 
cundo Pino, Miguel E. Pino and Nicolas Pino, each 
one of whom was prominent in the affairs of New 
Mexico at the time of the coming of the Army of the 
West under General Kearny. 

There are hundreds of descendants of Nicolas 
Ortiz Nino Ladron de Guevarra living in New Mexico 
to-day. Some of these, whose names will appear later 
in this narrative, were active in the political affairs of 
New Mexico at the time of the American conquest. 

The Pinos were of the most influential residents 
of the Territory. All of them, time and again, held 
important positions, either by election or appointment, 



312 THE MILITARY OCCUPATION 

under the Mexican government. They were all of 
military spirit and were among the best educated men 
of the Territory. Indian campaigners, every one of 
them, each with a record of courage and daring un- 
surpassed by any of the great Indian fighters of that 
period. 

When the news reached Santa F6 of the invasion 
of Mexican territory by the American army, the Finos 
immediately responded to the call issued by Governor 
Armijo for volunteers, to resist, with all the means at 
their disposal, the American advance. They at once 
began raising companies and procuring arms and am- 
munition. Meeting at Santa FC with Don Tomas Ortiz, 
Don Diego Archuleta, the Trujillos from Kio Arriba, 
and other patriots, they gave counsel to General Ar- 
mijo and helped to concentrate the Mexican forces at 
the Apache Pass. Not one of them favored the aban- 
donment of the Mexican position in the Apache Pass, 
and each viewed with manifest disgust the action of 
General Armijo in sending the volunteers to their 
homes and his own flight to the south. When the 
city was taken by Kearny, not one of the Pinos took 
the oath of allegiance to the American government, 
they, with others, considering themselves still citizens 
of the Mexican republic, lo} 7 al to its interests, although 
at the time practically under the control of the United 
States. 

After the departure of General Kearny for Cali- 
fornia and Colonel Doniphan for Chihuahua, with 
their commands, and some time after the coming of 
General Sterling Price with the Second Missouri 
Mounted Volunteers, a number of Mexican patriots, 
unwilling, without an effective blow, to see their coun- 



OP THE TERRITORY OP NEW MEXICO. 313 

try conquered, never consenting to follow in the foot- 
steps of others, prominent in the affairs of the time, 
who had subscribed their allegiance to the United 
States, and believing that the overthrow of the Ameri- 
can forces was possible, began to hold meetings at 
which were discussed several plans for the accomplish- 
ment of this object. 

These meetings were held at a house on the south 
side of the public plaza, near the place where then 
was located the military church, La Castrenza. 

The 19th of December, 1846, at midnight, was the 
time first appointed for the commencement of the re- 
volt, which was to be simultaneous all over the de- 
partment. In the meantime each one of the conspira- 
tors had a particular part of the Territory assigned to 
his charge, to the end that the people of the whole 
territory might be enlisted. Only the most influential 
men, those whose ambition induced them to seek pre- 
ferment, were to he made acquainted with the plan. 

Those who were cognizant of this plan to over- 
throw the government, as has been ascertained from 
statements made by some of those arrested at the time, 
as w T ell as from others who afterwards, when it was 
plain that their life and liberty were no longer at stake, 
freely made known the names of those who were thus 
engaged, were Don Tomas Ortiz, Don Diego Archuleta, 
Don Domingo C. De Baca, Don Miguel E. Pino, Don 
Nicolas Pino, Don Manuel Chaves, Don Santiago Ar- 
mijo, Don Augustin Duran, Don Pablo Dominguez, 
Don Jose Maria Sanches, Don Antonio Maria Trujillo, 
Don Santiago Martinez, Don Pascual Martinez, Don 
Vicente Martinez, Don Antonio Ortiz, of Arroyo Seco, 
Don Facundo Pino, Fr. Antonio Jose Martinez, Fr. 



314 THE MILITARY OCCUPATION 

Leyba and the Vicario, Juan Felipe Ortiz. All of 
the foregoing were related, either by blood or mar- 
riage. The Vicario, Juan Felipe Ortiz, and Tomas 
Ortiz were brothers, and were direct descendants of 
Captain Francisco Ortiz Nino Ladron de Guevarra. 
One can fairly estimate the far-reaching influence of 
this combination of patriots when it is known that the 
Vicario, Ortiz, was at the head of the Church, next to 
the Bishop, whose seat was in the city of Durango. 
Exercising very little less influence was the Fr. An- 
tonio Jose Martinez, of Taos, acknowledged by all to 
have been one of the strongest men intellectually in 
the priesthood and living in New Mexico at that time. 
The American military officers, as well as the civil 
officials, were never able to prove conclusively that 
any one of these churchmen was actually present and 
participating in the formation of the plan to overthrow 
the government, but, in later years, Don Diego Archu- 
leta and the Pinos did not hesitate to say so. 

The plan fell through, however, owing to informa- 
tion in regard to it having been communicated to 
Donaciano Vigil, Secretary of the Territory, by a 
woman of shady reputation, by the name of Tules 
Barcelona, who was the proprietress of one of the 
largest gambling houses in the Capital, and who was 
on familiar terms with one of the principal revolution- 
ists. Donaciano Vigil immediately made known to 
General Price what had been told him, and a number 
of arrests by Price's officers immediately followed. 
Among those arrested was Don Nicolas Pino. Don 
Jose Maria Sanches and Don Augustin Duran were 
also among those apprehended. Ortiz, Baca and Ar- 
chuleta made good their escape. 



OF THE TERRITORY OP NEW MEXICO. 315 

When brought before General Price and his offi- 
cers, in the main room of the Old Palace, Don Jose 
Maria Sanches made confession of his part in the 
conspiracy and told of the meetings and the action 
taken. He said : "Don Diego Archuleta was the leader 
at the meetings and made the motion for the nomina- 
tion of a governor and a commanding general. He 
nominated Tomas Ortiz for the first office and himself 
for the second. This motion was carried and was 
signed by every one present." 

This writing was hid above the ceiling in the 
house of the mother of one of the Pinos. At the meet- 
ing the entire plan of assault was determined upon 
and the 19th of December fixed as the day. After- 
wards, owing to the fact that a sufficient number out- 
side of the city of Santa Fe" had not been fully notified, 
the day for the uprising was postponed until Christ- 
mas eve. 

The manner in which Tomas Ortiz made his escape 
from Santa F6, after the conspiracy had been detected, 
is told by close relatives. 

Don Clemente Ortiz, now living in Santa Fe" (1909), 
seventy-eight years of age, says: "I am a first cousin 
of Tomas Ortiz, the leader of the revolution of 1846. 
Many times I heard from him the story of the revolu- 
tion. I also heard it from Don Miguel E. Pino. One 
day in December, 1846, Don Donaciano Vigil called to 
Don Augustin Duran, who was passing along the portal 
of the Old Palace, and said to him, 'What is the news?' 
'I know nothing,' said Duran. 'Yes, you do,' replied 
Vigil. 'There is a conspiracy being organized against 
the Americans. A meeting was held last night by 
the leaders at the house of Manuel Pino. I know all 



316 THE MILITARY OCCUPATION 

about it. Another will be held to-night at La Cas- 
trenza (Military < hapel). It is intended to start a 
revolt against the Americans and to capture all the 
officers from the commanding general down. Emis- 
saries have been sent out to all the nearest points de- 
manding that the people come to Santa F6 and take 
part in the uprising. The night of the 24th of Decem- 
ber is the Time when it will happen. The people will 
all be advised that when the third bell rings for the 
midnighl mass (Misa del Gallo) the men will leave the 
chapel and arm for the outbreak." 

Duran and others were arrested by the military 
the same day and Duran also confessed at the hearing 
before the military officers. 

General Price stationed his soldiers all over town 
and at the home of every one of the known revolu- 
tionists. 

"One evening about dark, I told my father, An- 
tonio Matias Ortiz, that soldiers were guarding our 
house. My fat her commanded the servants to lock the 
doors and fasten the windows. In the morning I heard 
some one calling at the door and went out to see who 
it was. A soldier asked me, 'Is Mr. Ortiz here?' and I 
answered 'Yes.' I then went into the house and told 
my father that the soldiers wanted him. My father 
put on his hat and cloak and went out, when the 
soldiers ordered him to march to headquarters. He 
was taken to the headquarters of General Price, which 
were located right where the new parochial school is 
situate in Santa F6 at this time. As the soldiers 
approached the headquarters, they met Captain Ang- 
ney, an officer under General Price, who recognizing 
Don Antonio Matias Ortiz, told them to release him, 



OF THE TERRITORY OF NEW MEXICO. 317 

as he was not the Ortiz they wanted. This same 
Captain Angney afterwards married Isabel Conklin, a 
sister-in-law of Clemente Ortiz and a daughter of Don 
Santiago Conklin, a prominent resident of Santa Fe 
at that time. Captain Angney had his own headquar- 
ters at the house of Francisco Baca y Ferrus. His 
home quarters were at the home of Domingo C. De 
Baca, one of the conspirators; this building is the one 
now owned by and in which lives Eugene A. Fiske 
and is just west of the residence of the Vicar-General. 

"The Vicario, Juan Felipe Ortiz, many times asked 
my father, Antonio Matias Ortiz, to join the conspir- 
acy, but he refused to do so. Don Miguel E. Pino 
also told me, at the time I was serving as a volunteer 
at the government post at Galisteo, in 185G and 1857, 
at the home of Don Nicolas Pino, that the plan of the 
conspiracy, as drafted and signed by all the conspira- 
tors, was taken by Don Miguel E. Pino and hidden at 
the house of his mother, Dona Ana Maria Baca, who 
was the wife of Don Pedro Bautista Pino. It was 
hidden in the ceiling. It was never found. As to 
the manner of the escape of his cousin, Tomas Ortiz, 
Don Clemente says that after Don Tomas arrived at 
Galisteo, from Santa Fe', he rode by way of the Es- 
tancia valley through Manzano and Abo, across the 
Gallinas mountains to the junction of the Rio Bonito 
and Ruidoso, at or near the present site of Ft. Stanton, 
thence to the ford of the Bio Grande, known as the 
Ponce de Leon ford, and thence to Chihuahua. 

Doha Isabel Cabeza de Baca, widow of Don Jose 
D. Sena, in her life time, in discussing the facts rela- 
tive to the conspiracy of December, 184G, told of the 
escape of Tomas Ortiz from Santa F6\ Mrs. Sena was 



318 THE MILITARY OCCUPATION 

the daughter of Domingo C. de Baca, one of the con- 
spirators, and her mother was Josefa Ortiz, a sister 
of Don Tomas Ortiz, the leader of the conspiracy. 

Mrs. Sena says that the soldiers came to the house 
of the Vicario, Juan Felipe Ortiz, looking for his 
brother, Don Tomas. They decided to make a search 
of the store-room (dispensa), where they believed 
Tomas was hiding; when they entered the room the 
women all fled except Ana Maria Ortiz, who was watch- 
ing some toast (costales de biscocho) ; in this store- 
room there was also a large supply of provisions, which 
that night was sent to Galisteo on pack mules, await- 
ing the coming of Don Tomas. Ana Maria Ortiz was 
the wife of Eugenio Archuleta, a brother of Don Diego 
Archuleta. During the time that the soldiers were 
thus searching the house, Don Tomas was hiding on a 
balcony facing the garden of the Vicar-General. When 
the soldiers left, he was taken from the balcony and 
dressed in the garb of a servant girl, and from his 
place on the balcony was lifted with ropes to the roof 
of the chapel on the right-hand side of the cathedral; 
he was then lowered into the garden and taken by 
Pedro Trujillo to the house of his mistress, a woman 
named Peregrina, who lived on the Arroyo Sais, above 
where the arroyo crosses Palace Avenue in Santa F6. 
Trujillo carried Tomas Ortiz on his back and passed 
over a trail leading to the rear of where is now located 
St. Vincent's sanitorium. On the way to the arroyo 
where Dona Peregrina lived, Trujillo was met by a 
squad of soldiers, who asked him whom he was carry 
ing, and he told them it was his daughter, who was 
very sick. They finally reached the house of Dona 
Peregrina. 



OP THE TERRITORY OF NEW MEXICO. 319 

Meanwhile preparations had been made for two 
horses, the fleetest of any in Santa Fe; these were 
stationed on the bank of the Santa Fe" river, about two 
hundred yards from the house of Peregrina; after 
taking Ortiz to the house, Trujillo went to the river, 
where the horses had been brought. Shortly Ortiz 
came out, dressed as a servant girl and carrying a 
tinaja (water jar) on his head, evidently going to the 
river for water. As he was proceeding down the ar- 
royo he was met by some soldiers on foot, who asked 
if "she" knew where lived a woman named Peregrina, 
and if so, whether Tomas Ortiz was at her house. 
Ortiz replied "yes," and pointing out the house, said, 
"Ortiz is there in the kitchen now." The soldiers then 
proceeded to the house, and Ortiz, picking up his 
skirts and throwing them over his shoulder, ran down 
the arroyo toward the river. As he did so, two Mexi- 
can women, standing near a small adobe house, 
shouted to the soldiers, "Haya va Tomas Ortiz, Gringos 
pendejos!" Ortiz reached the river, where with his 
friend, Trujillo, he mounted his horse and was soon 
lost to sight on his way to Galisteo, where he joined 
with Don Francisco Ortiz y Tafoya, who had been 
sent to Galisteo by the Vicario with fresh horses, 
money and provisions for his flight to Chihuahua. 

Don Miguel E. Pino and Don Nicolas Pino did not 
take any part in the revolutionary movement after- 
wards. They had nothing to do with the outbreak at 
Taos, and Don Nicolas, after he was released from 
prison in Santa F£, having been arrested while sitting 
in front of the old Exchange hotel, took the oath of 
allegiance to the United States and, when the news 
of the death of Governor Bent reached Santa Fe\ en- 



320 THE MILITARY OCCUPATION 

listed iii Captain St. Vrain's company of volunteers, 
and, with his friend, Bon Manuel Chaves, went to 
Taos and took an active part in the attack upon and 
defeat of the insurgents at that place. 

After the treaty of peace with Mexico, Don Nico- 
las Pino and his brothers were among the most loyal 
of the citizens of New Mexico to their adopted gov- 
ernment. All of the brothers held many positions of 
trust under American rule, both military and civil. 
Don Miguel and Don Nicolas were both officers and 
in command of substantial bodies of volunteers during 
the war of the rebellion. Until their death there was 
no session of the legislative assembly but what some 
one of the Pinos was a member, either of the house 
or council. Don Facundo Pino was president of the 
council several times. He was president of the legis- 
lative council in L861, at the time of the breaking out 
of the war. Don 1 >iego Archuleta was president of the 
same body during the war. the sessions being the 
Thirteenth and Fourteenth. Don Miguel E. Pino was 
president of the council in 1805, and after the war was 
over, and again in 1SGG, Don Nicolas Pino was presi- 
dent of the council in 1809. and was a member of that 
body in 1873 and in 1878. 

The first legislative assembly of the Territory of 
New Mexico convened at Santa F6 on the second day 
of June and again on the first day of December, 1851. 
The president of the council at the first session was 
Fr. Antonio Jose Martinez, and of the second session, 
Juan Felipe Ortiz. Both of these very distinguished 
New Mexicans, who only four short years before had 
sought the overthrow of the American power, were 
now among its most loyal supporters. Don Juan 



OF THE TERRITORY OP NEW MEXICO. 321 

Felipe Ortiz was the president of the council of the 
second legislative assembly, and his brother and co- 
conspirator, Tomas Ortiz, was clerk of that body. In 
1853, Tomas Ortiz was elected a member of the legis- 
lative council from Santa F6 county and served with 
distinction. 

Don Nicolas Pino survived all his brothers. He 
died in November, 189(5, and is buried in the village 
cemetery at Galisteo. All of the Pinos were of noble 
mold. They were of a brave and chivalrous class. 
They fought the battles of frontier days and lived to 
see the changes which American progress and civiliza- 
tion have wrought. Don Nicolas was in his 77th year 
when he passed away. He was a man of large means. 
He was charitable and kind, as he was gallant and 
brave. 

"How sleep the brave, who sink to rest, 
By all their country's wishes blest! 
When Spring, with dewy fingers cold, 
Returns to deck their hallowed mold. 
She there shall dress a sweeter sod 
Than Fancy's feet have ever trod. 
By fairy hands their knell is rung, 
By forms unseen their dirge is sung. 
There honor conies, a pilgrim grey, 
To bless the turf that wraps their clay, 
And Freedom shall awhile repair- 
To dwell, a weeping hermit, there." 




V 



< w v 



David Waldo, 
i'rom a Photograph in the Possession of His Daughter, Mrs. Lula Waldo Sloan. 



DAVID WALDO. 

David Waldo was the Captain of "A" Company 
of the First Missouri Mounted Volunteers. The com- 
pany was organized at Independence, Mo., and 
marched from that place to Fort Leavenworth, arriv- 
ing on the 6th day of June, 1846, where it was mus- 
tered into service for one year on that day. The com- 
pany participated in all the events of the march to 
Santa Fe" and Chihuahua, and was mustered for dis- 
charge at New Orleans, La., on June 22, 1847. 

The Lieutenants were: First, John Keid; second, 
David I. Clayton and Henry I. Chiles. John S. Webb 
was First Sergeant. 

Captain Waldo was the son of Jedediah and Polly 
(Porter) Waldo, and was born at Clarksburg, Virginia, 
April 30, 1802. In his early youth he was engaged in 
rafting logs down the Ohio river. He came to Mis- 
souri in the year 1826, and went into the logging bus- 
iness on the Gasconade, floating the logs into the Mis- 
souri, thence to St. Louis. The revenue from this bus- 
iness sufficed to carry him through a complete medi- 
cal course at Transylvania University, Lexington, Ky. 
After receiving his degree in medicine, he returned to 
the Gasconade country, where he lived for a short 
time, moving later to Osceola, in St. Clair county, and 
afterwards to Independence, Jackson county, Mis- 
souri. 

He did not long continue in the practice of his 
profession, and soon after coming to Independence be- 
gan trading over the Santa F6" Trail, and was engaged 
in mercantile business in Chihuahua and Taos, Mexico, 



324 THE MILITARY OCCUPATION 

as early as 1831. At the commencement of hostilities 
with .Mexico. Captain Waldo had already amassed 
a large fortune in business. For sixteen years he had 
again and again traversed the old Trail, and knew all 
the people of New .Mexico of consequence, socially and 
in a business way. To him was largely due the ap- 
pointment of Charles Bent as governor of New Mex- 
ico by General Kearny. It is well known that Gen- 
eral Kearny consulted Captain Waldo in the making 
of all the civil appointments, prior to his departure 
tor California. Captain Waldo was a master of the 
Spanish language, and of most pronounced scholarly 
attainments, lie was essentially a man of affairs, and, 
of all the officers under Kearny and Doniphan, was 
best acquainted with the citizens of New Mexico. Old 
diaries and records show him to have been identified 
with the business life of the Territory for years prior 
to. as well as after, the conquest. He assisted in the 
preparation of the code of laws promulgated by Gen- 
eral Kearny and translated the code into the Spanish 
language. Whenever any papers or documents fell 
into the hands of Doniphan, they were always given 
to Captain Waldo for translation. He was a great 
friend of William Gilpin, the major of Doniphan's 
regiment. It was Captain Waldo who, in 1843, loaned 
Gilpin a part of the money necessary for his expenses, 
when Gilpin started overland and alone on an expe- 
dition from Independence, Mo., to the mouth of the 
Columbia river. Captain Waldo accompanied him as 
far on the trail as Lone Elm, where Gilpin fell in 
with the party under John C. Fremont. 

During the march to Santa Fe and Chihuahua 
Captain Waldo remained the steadfast friend of Gil- 



OP THE TERRITORY OP NEW MEXICO. 325 

pin, and did his utmost to secure his election as Lieu- 
tenant Colonel of the regiment, upon the resignation 
of Lieutenant Colonel Ruff. The latter was a West 
Pointer and was not popular with the men. Gilpin 
was also a graduate of the military academy, and 
largely on this account was defeated in the election. 

After Kearny's command had been at Santa Fe 
about a month, Captain Waldo and Captain Stephen- 
son, with their companies, under command of Major 
Gilpin, were dispatched to the town of Abiquiu, on 
the Chama river, for the purpose of keeping the In- 
dians in check in that part of the Territory. Abiquiu, 
for many years, had been an outpost against the 
Apache and Ute Indians. Later on Captain Waldo 
and his troop took part in the campaign against the 
Navajos, resulting in a treaty of peace with that pow- 
erful tribe. 

Shortly before the battle of Brazito Captain Wal- 
do was severely injured by a fall from his horse, but 
this did not prevent his active participation in the 
battle on Christmas day. 

Shortly after Doniphan's command reached El 
Paso, a proclamation by Don Angel Trias, governor 
of Chihuahua, fell into the hands of the Americans 
and was translated by Captain Waldo, as follows: 

"Soldiers: The sacrilegious invaders of Mexico 
are approaching the city of El Paso, an important 
part of the state, where the enemy intend establish- 
ing their winter quarters, and even pretend that they 
will advance further into our territory. It is entirely 
necessary that you go; you, defenders of the honor 
and glory of the Republic; that you give a lesson to 
these pirates. 



326 THE MILITARY OCCUPATION 

''The state calculated much upon the aid that 
would be given by the valiant and war-worn citizens 
of the Pass, but treason has sown there distrust and 
the patriotic people, by disgraceful mutiny, retreated 
at thirty leagues distance from a small force under 
the command of General Kearny, when they might 
have taken him and his force prisoners at discretion. 
Subordination and discipline were wanting. 

"You go to re-establish the character of those 
.Mexicans, and to chastise the enemy, if he should dare 
to touch the soil of the state; the state ennobled by 
the blood of the fathers of our independence. I con- 
fide in your courage, and, alone, I recommend to you 
obedience to your commanders and the most perfect 
discipline. 

••All Chihuahua burns with the desire to go with 
you, because they are all Mexicans, possessed of the 
warmest enthusiasm and the purest patriotism. They 
will march to join you at the first signal; the circum- 
stances of the war demand re-enforcements; they shall 
be forwarded, let it cost the state what it may. To 
the people of Chihuahua no sacrifice is reckoned when 
the honor of the Republic is at stake. 

''The enthusiasm with which you march, and the 
sanctity of your noble cause are sure evidences of vic- 
tory. Yes, you are led by the God of Battles, and 
your brows shall be crowned with laurels. Thus trust 
your friend and companion, 

"ANGEL TRIAS. 

"Chihuahua, November 9, 1846." 

At the battle of Sacramento, on February 28, 
1847, Captain Waldo, at the head of his troop, dis- 
mounted, stormed a most formidable line of redoubts 



OP THE TERRITORY OP NEW MEXICO. 327 

on the enemy's left, defended by several pieces of 
cannon and a great number of resolute and well-armed 
men. It was Captain Waldo's command that took 
possession of the battery on Sacramento Hill, which 
had been keeping up a cross-fire on the American 
right during the entire engagement. The fact that the 
Mexican batteries were compelled to fire plungingly 
upon the American advance accounts for the small 
damage inflicted upon the storming parties. This was 
particularly true of the Mexican battery placed on the 
brow of the hill. 

When the force under Doniphan began making 
preparations for the evacuation of the city of Chi- 
huahua the American merchants who had been en- 
gaged in business in that city were alarmed for fear 
the departure of the American army would leave them 
and their property entirely without protection. Just 
what arrangements were made by Doniphan looking 
to the safeguard of American interests in Chihuahua 
are related in a letter from Colonel Doniphan to Cap- 
tain Waldo, after the return of the regiment to Mis- 
souri. The letter is as follows: 

"Liberty 10 Jan 48 
u Capt D. Waldo 

"Dr. Sir. 

"I anticipated being in your town to-day and 
therefore did not answer your favors as I knew it 
would be more satisfactorily and fully done verbally. 
In relation to the treaty or agreement made by the 
merchants of Chihuahua with the Government of that 
state I can only speak from memory — the agreement 
had not been consummated when I left the City — 
(Felix Mesceira not having returned) who had gone 



328 THE MILITARY OCCUPATION 

as agent for them to the temporal state Government. 
I first proposed to make a treaty for the merchants 
with the authorities ai the request of Dr. Conelly, 
McManus, Glasgows &c & Dr. Conelly went to Parral 
& commissioners came up with him but the merchants 
by that time had come to the conclusion that a tre- 
mendous meeting & sundry resolutions would force 
me !<• stay there as long there was a shirt-tail full of 
goods in the City — when Collins came back from Genl. 
Taylor and they found I was ordered south they then 
began to relent & were solely grieved that they had 
objected to my making a treaty for them. They then 
desired me to do so — I refused but told them they 
ihight stipulate for their safety by making my imme- 
diate withdrawal with our forces from the State of 
chihuahua & the payment of New Mexican duties the 
basis of the treaty on the American side. I gave Dr. 
Conelly a written statement & directed him to send 
it by Mesceira to the state authorities in which I 
stated that if a treaty was made that I would leave 
with our forces in a few days — that I would use my 
influence to prevent Genl. Wool or any detachment 
of his army from marching on Chihuahua — and the 
Mexicans having heard that some reinforcements were 
coming from New Mexico I was to leave a written 
order with Dr. Conelly directing such force not to 
occupy Chihuahua but to pass through as speedily as 
convenient. This I think was the whole of it — Dr. 
Conelly promised if Mesceira returned he would send 
the agreement to me for my approval — they never did 
so & I do not know what it was — further than my 
own guarantv. 



OP THE TERRITORY OF NEW MEXICO. 329 

"I regret that the Govt has been so simple as 
to send any troops there — surely no good & much harm 
may come of it & if I had known of such intention 
in time I would have protested against it. 

"I regret to learn that Gilpin's Battalion has 
made so bad a beginning — I am gratified that he was 
absent & that no blame can attach to him — I hope 
they may have a better end — but there is little to 
hope from the Dutch in that sort of service. 

"I send you a discharge for W. P. Johnson it is 
not very full — I thought it best to write it on the 
same paper with Genl. Kearny's & it would be all 
the better explained as I presume his object is his 
pay perquisites & land scrip, all of which he will get. 
"Yrs respectfully, 

"(Signed) A. W. DONIPHAN." 

Captain Waldo was a man of sturdy character. 
In his business relations he was very exact. Of all 
the distinguished men in Colonel Doniphan's com- 
mand, none suffered a severer personal loss, growing 
out of the events of the American Occupation of New 
Mexico than did Captain Waldo. For more than fif- 
teen years prior to the coming of the Army of the 
West, had been associated with him, as well also in 
trading for himself, a younger brother, Lawrence L. 
Waldo, the father of Henry L. Waldo, of Las Vegas, 
New Mexico. The younger Waldo was of most ex- 
emplary habits, kind and courteous, the gentleman in 
all his social and business life, really loved by all 
who knew him. His friendship for the Mexicans and 
Indians was marked, and, like Governor Bent, he had 
every confidence in their loyalty to and personal re- 
gard for himself. Of the Americans remaining at 



330 THE MILITARY OCCUPATION 

Santa F£ after the departure of Doniphan for Chi- 
huahua, there was no single individual who better 
understood the Mexican character, or was in better 
position to ascertain the true sentiment of the Mexi- 
can people toward the American government. He 
was well aware of the discontent that prevailed 
among the ambitious leaders, who were convinced 
that General Armijo had been recreant to his trust, 
as the executive and commanding general of the Ter- 
ritory, in not giving the American army battle at the 
Apache Pass. The discovery of the conspirary of De- 
cember, 1846, and the flight of the known leaders from 
the capital seemed to have lulled the officers of the 
army into a feeling of security, but, as a matter of 
fact, the discovery and arrest of a number of those 
most prominently identified with the attempt to over- 
throw the government only served to whet the desire 
of the people for some sort of protest against the 
manner in which the conquest had been achieved. 

Leaving Santa Fe, in company with some other 
prominent traders, on his way to Independence, all 
unaware that the revolution had actually broken out, 
feeling secure personally on account of his many 
years' association with the Mexican people, just as 
his caravan was approaching the town of Mora, on 
the 19th day of January, 1847, he was shot from am- 
bush and instantly killed. 

Six days prior to his death, in a letter written 
from Santa Fe' to Captain Waldo, then with his com- 
mand at El Paso, awaiting the coming of artillery 
from Santa Fe to accompany the march on Chihua- 
hua, he said: "It seems that a general mistake has 
been made by all that were acquainted with the gente 



OF THE TERRITORY OF NEW MEXICO. 331 

of this Territory in regard to their willingness to be 
subject to the rule of the United States. It is satis- 
factorily ascertained that not one in ten is agusto, 
and, as far as I can judge, and I am well acquainted 
with the eastern side of the mountains, not one in 
one hundred is content." His estimate was only too 
true. Even those who had taken the oath of alle- 
giance at Las Vegas joined the ranks of the insur- 
gents. 

On the first of February his death was avenged 
by Captain Morin and his men, in the complete dem- 
olition of the town of Mora. The insurgents fled to 
the neighboring mountains. Their loss was twenty- 
five killed and seventeen taken prisoners. The 
bodies of the Americans who had been assassinated 
were taken to Las Vegas and interred in the cemetery 
west of the old town on the right bank of the Gal- 
linas river. Captain Waldo did not receive news of 
the death of his brother until the 16th day of Feb- 
ruary, when he was en route to Chihuahua, just 
twelve days before the battle of Sacramento. 

A newspaper, the Reveille, published in Missouri 
at the time, gives the following account of the mas- 
sacre of Governor Bent and others in the revolution 
at Taos and Mora: 

"Mr. Thomas Caldwell, whose arrival at Inde- 
pendence was noticed yesterday, came down last even- 
ing on the steamer Bertrand, and to him we are in- 
debted for later and more authentic information from 
Santa Fe\ The accounts published yesterday, as cop- 
ied from the Expositor extra, we are requested to 
state, are in many particulars incorrect, and were not 



332 THE MILITARY OCCUPATION 

obtained from Mr. C, but merely from rumor at In- 
dependence after his arrival. 

"Mr. C, as stated yesterday, left El Paso on the 
L2th of January, and Santa Fe on the 3d of February. 
The massacre of Governor Bent, the Lees and others 
was perpetrated at Taos on the 18th of January, and 
immediately runners were sent out by the Mexicans 
to the different towns in the province, calling upon 
the inhabitants to assist in the murder of the Amer- 
icans. On the 19th, the night after the murder of 
Bent and his companions, at Taos. Mr, Romulus Cul- 
ver, of Clinton countr; L. L. Waldo, a brother of the 
Doctor, and Benjamin Pruett, of Jackson county, to- 
gether with five others, were killed at Mora, a town 
of sonic 2,000 inhabitants, and situated seventy-five 
miles from Santa I'V. After this outrage the insur- 
gents, to the number of 2,000, collected at a small 
town called La Canada, some twenty-five miles from 
Santa Fe\ Col. Price, hearing of this, immediately 
went in person, at the head of 350 men. and drove 
them from their position, killing thirty-six of their 
number. 

"This engagement occurred between the 20th and 
28th of -January, and was followed by another be- 
tween Price and the insurgents, at Embudo, a small 
town in the pass of the mountains. It was under- 
stood that Price had again succeeded in driving them 
before him, but their loss in this latter engagement 
was not known. About the time of the battles be- 
tween Col. Price and the insurgents at La Canada 
and Embudo, Captain Hendly, of the Ray county vol- 
unteers, who was on the east side of the mountains, 
in charge of a party of graziers, hearing of the mas- 



OF THE TERRITORY OP NEW MEXICO. 333 

sacre at Taos and Mora, immediately repaired with 
about 90 men to the latter place, where he met with 
a large body of the enemy, and an engagement en- 
sued, in which Capt. H. lost his life. After his fall, 
his men, under command of their Lieutenant, fell back 
on Vegas, and reported to Santa Fe the condition of 
things, and the probability of a well-appointed force 
being able to defeat the enemy at Mora. On receipt 
of this intelligence at Santa F&, Capt. Morin, of Platte, 
with some 200 men, was despatched to Mora, and on 
his arrival the inhabitants fled, leaving everything to 
the mercy of the Americans. The town was burnt, 
and everything possible for the enemy to subsist upon 
was destroyed. 

"Capt. St. Vrain, of Fort St. Vrain, headed fifty 
volunteers from among the clerks, attaches, team- 
sters, etc., of Santa Fe, accompanied Col. Price on his 
march against the Taos rabble. During the fight de 
Tafolla, who had on Gov. Bent's coat and shirt, was 
captured. None of the Armijos were among the rab- 
ble; they appeared to be all 'greasers,' that is, loafers. 
Col. St. Vrain killed a Mexican, one, Jesus. Among 
them one, Cortez, of Mora valley, was prominent. 
Xone of the St. Louis volunteers were with Price save 
a detachment of ("apt. Fischer's artillery. The guns 
were mounted at Fort Marcy, and under command of 
Capt. Fischer. Donaciano Vigil, Secretary of State 
under Bent, was now acting Governor of Santa Fe\ 

"A great deal of sickness prevailed in town, but 
chiefly among the teamsters, broken down as they 
were. There were from three to five deaths per day. 
Albert G. Wilson, sutler of Price's regiment, had 
died. Col. Mitchell, Capt. Hudson, Adj. Walker, 



334 THE MILITARY OCCUPATION 

Lieut. Elliott, and others well known, were all well. 
The troops had been discontented, but principally 
from inactivity. 

"Mr. Charles Town, well known in St. Louis, was 
the only American who escaped the massacre. His 
father-in-law (a Mexican) gave him a good mule, and 
he brought the news of the disaster to Santa Fe\ It 
has been stated that Bent was killed at noonday; 
this is not so; he was killed at night. It has also 
been rumored privately that Frank Blair was killed. 
This is another mistake. He was, at the time, in the 
mountains with Geo. Bent. Mr. Caldwell met Major 
Clark 120 miles below Santa Fe. At El Paso he left 
Col. Doniphan and command, all well. The Glasgows 
and the rest of the traders were well, but losing, from 
their necessarily heavy expenses. McGoffin was only 
detained at Chihuahua. Col. Doniphan would, beyond 
doubt, march on Chihuahua, but was not likely to be 
taken by surprise, as he was exercising great caution. 
The Santa Fe theatrical corps had gone south on a 
rather different campaign. Mr. C. met Lieut. Simp- 
son at 110 mile creek — that number of miles from 
Independence. He had with him two wagons and ten 
men, conducting a heavy mail. There was snow fall- 
ing on the plains from the 16th of February to the 
10th of March, almost uninterruptedly. The mail 
which Mr. C. had charge of, he was obliged to 
leave on the Arkansas, and it probably would be de- 
tained ten or twelve days behind him. Mr. Sol. Sub- 
lette had not arrived at Santa F£, and the presump- 
tion is that his despatches must have taken him, by 
the way of Bent's Fort, to California. Capt. Murphy 
had arrived at Santa Fe with the government funds " 



OF THE TERRITORY OP NEW MEXICO. 335 

Captain Waldo and his troop took part in the 
great parade in the city of St. Louis on July 2, 1847, 
after the return from the war. He was also prominent 
in the festivities occurring at Independence upon the 
return of his company to their homes. 

In 1849, March 27th, Captain Waldo was married 
at Independence, Missouri, to Eliza Jane, daughter of 
Edward and Margaret (Glasgow) Norris, of Culpeper, 
Virginia, of which marriage there were five children, 
David and William Waldo, now deceased, Mrs. Minnie 
Waldo Hill, Mrs. Lula Waldo Sloan and Mrs. Will- 
iam Hinkle, all of whom are now living in Jackson 
county, Mo. 

After the war with Mexico, Captain Waldo con 
tinued trading and freighting over the old Santa F<3 
Trail, also to Utah and the Platte river country, and 
was very successful in all his business enterprises. 
He died at Independence May 20, 1878. 




Governor William Gilpin. 



WILLIAM GILPIN. 

William Gilpin was the eighth and youngest child 
of Joshua Gilpin, and was a direct descendant of the 
De Guylpyns who invaded Britain with William the 
Conqueror. His ancestor in America was Joseph Gil- 
pin, a Quaker, who came to America in 1696 and 
settled on the Brandywine, in what is now Delaware 
county, Pennsylvania, at which place William Gilpin 
was born on the 4th day of October, 1822. During 
the Revolutionary War his ancestors took no part re- 
quiring service in the army. A brother of William 
Gilpin, Henry, was Attorney General of the United 
States, appointed by Andrew Jackson. In his youth 
William Gilpin attended school in England, but re- 
turned to America and graduated from the University 
of Pennsylvania. He had as tutor Nathaniel Haw- 
thorne. After his graduation from the University 
Gilpin entered the United States Military Academy, 
where he was taught by Montgomery Blair and George 
G. Meade. Upon leaving the academy Gilpin was com 
missioned a Second Lieutenant in the Second Dragoons 
and was on recruiting service in Missouri for the 
Seminole W T ar, in which, later on, he was an active 
participant. After the war was concluded, he made 
application to lead an exploring expedition to the 
head waters of the Columbia river, but was denied per- 
mission, whereupon he tendered his resignation from 
the army, which was accepted. 

Gilpin moved to St. Louis, Missouri, where he 
was the editor of a newspaper, which espoused the 
cause of Senator Benton, the latter alwavs remaining 



338 THE MILITARY OCCUPATION 

a great friend of Gilpin. In 1S40 Gilpin was clerk 
of the House of Representatives of the State of Mis 
souri and in the following year moved to Independ- 
ence, where he lived for twenty years. Gilpin was 
an optimist in every sense of the word; he had un- 
bounded confidence in the future greatness of the 
West and exerted great influence over others along the 
same lines. He foretold the present city of Kansas 
City and prophesied the construction of the Missouri 
Pacific and Union Pacific railways. 

Gilpin never relinquished the idea of his exploring 
expedition to the Columbia river and, in 1843, sold 
his law library and other effects for the purpose of 
raising money in gratify his desire to make the ex- 
pedition. He set out on this trip alone, having been 
accompanied a short distance along the Santa ¥6 
Trail by his personal friend, David Waldo. At a point 
about thirty miles from Independence he fell in with 
the party under General Fremont. This meeting oc- 
curred on the 31st day of May, 1843. This meeting is 
described in Chronicles of the Builders of the Com- 
monwealth, as follows: 74 

"He went into camp the first evening, out about 
thirty miles, at a spot called the Lone Elm, David 
Waldo, the man who had loaned him the money, ac- 
companying him thus far. He found encamped in this 
vicinity a few men whom he did not at first recognize, 
but to his surprise they proved to be the party of 
Fremont. This immortal pathfinder asked Gilpin 
where he was going, and was told. He expressed 
astonishment and said, 'Why, even with my whole 



74 Bancroft, Chronicles of the Builders of the Common- 
wealth, page 522. 



OF THE TERRITORY OF NEW MEXICO. 339 

force, I do not consider myself safe from massacre 
to-morrow; now if you are determined to go on, throw 
your pack into one of my charettes, turn your mule 
into my band, and let me have the re-enforcement of 
jour horse and rifle.' This arrangement was highly 
satisfactory to Gilpin, as it afforded him companion- 
ship and protection for a long distance." 

The expedition reached the Coast in the fall. 
Here Gilpin remained for some time, learning all he 
could of the country and its resources. He made a 
report to Washington, in March, 1846, which was 
printed as a Senate document. 

When the war with Mexico was begun he obtained 
permission from President Polk to raise a regiment, 
but, upon reaching Independence, he ascertained that 
a company had already been raised and had gone to 
Ft. Leavenworth to be mustered into the service. He 
at once left for Ft. Leavenworth and there found six 
companies of the 1st Regiment Missouri Volunteers. 
Company A of this regiment was composed of friends 
of Gilpin, who anxiously awaited his coming. Kearny 
was present and, as he did not feel kindly toward 
Gilpin, determined he should have no command in the 
regiment. Gilpin knew he would be elected one of 
the officers of the regiment if he could once get ad- 
mitted to the company. He found in the Jackson 
county company a boy whose mother had claimed his 
discharge on account of his youth. Gilpin paid the 
boy eighty-five dollars for his place in the ranks. 
Otherwise he could not have enlisted, as the company 
was already at its maximum. Gilpin trained and 
drilled this company from the day he enlisted until the 
regimental election for officers was held. Colonel 



340 THE MILITARY OCCUPATION 

Doniphan was chosen to command the regiment. The 
latter desired Gilpin for lieutenant colonel, but a 
graduate of West Point, named Ruff, was elected by 
two votes. Gilpin was then elected major. 

After his election he was told that Kearny wished 
to see him in his office. He obeyed the summons and 
Kearny said: "I have received from the President an 
appointment lor you as lieutenant colonel of the 
Third Regiment, and I suppose this is followed by a 
life service if you choose. Had you better not with- 
draw now and avail yourself of this appointment?" 
Gilpin refused to accept it and marched with the regi- 
men! to New Mexico and Chihuahua. 

Upon his return from the Mexican war he was 
taken ill. and while confined to his bed was visited 
by Governor Edwards of the state of Missouri, who 
told him thai, at the request of President Polk, he had 
conn- to ask that he raise a regiment of volunteers for 
the purpose of opening the Santa F6 Trail and main- 
taining it, as the country west was infested with 
hostile Indians. Gilpin, after much argument, ac- 
cepted and raised a battalion, which was mustered 
into service at Ft. Leavenworth. Gilpin started west 
with his army on the 4th day of October, 1847. He 
followed the Trail, which led to Bent's Fort. Here 
he spent the winter, drilling his battalion, and some- 
times holding council with Indian chiefs. The follow- 
ing spring an active campaign was instituted and, 
from the middle of July to the end of August, nine 
battles were fought and two hundred and fifty-three 
scalps of Indian warriors were taken. This battalion 
was known as "Gilpin's Battalion, Missouri Mounted 
Volunteers." 



OF THE TERRITORY OF NEW MEXICO. 341 

This force, under Gilpin, crossed the Raton moun- 
tains on the 10th of March, 1848, descended the Cana- 
dian through the country of the Apaches and Coman- 
ches during the spring, and fought many fights with 
the Pawnees on the Middle Arkansas and on the Kaw 
rivers, until the expiration of the term of service, 
when peace was declared with Mexico. The marches 
made exceeded three thousand miles. 

When the election of 1860 was held, it is said that 
William Gilpin was the only man living in Jackson 
county, Missouri, who voted for Abraham Lincoln. 
He was one of the men who attended President Lin- 
coln, from Illinois to Washington, for his inaugura- 
tion, and it was upon this occasion that, under Sen- 
ator Lane, of Kansas, and Cassias M. (May, of Ken- 
tucky, he helped to guard the White House, sleeping 
in that edifice each night. 

Gilpin was appointed Governor of the Territory 
of Colorado by Lincoln and served for two years, 1861- 
1863. 

Gilpin was a great student. He wrote several 
valuable books. He predicted that a railway would 
be built around the earth by way of Behring Strait. 

Gilpin was a tall man, spare built, and weighed 
in the neighborhood of one hundred and sixty pounds. 
He made a large fortune by prudent investment in 
lands in Colorado. He was a typical American citi- 
zen. He led the way. He believed in the future of 
the Great West, when such men as Daniel Webster 
declared that everything west of the Missouri was a 
worthless area, a region of savages and wild beasts, 
deserts of shifting sands and whirlwinds of dust, of 
cactus and prairie dogs. Gilpin was right. Webster 



342 THE MILITARY OCCUPATION 

and all New England at that time believed that it 
was worse than useless to reclaim these deserts or 
harness the waterpower of the rivers in the moun- 
tains. "What use have we for such a country?" said 
the great Webster. "I will never vote one cent from 
the public treasury to place the Pacific Coast one inch 
nearer to Boston than it now is." 

Gilpin's ideas as to the great plains and the coun- 
try to the west to the Pacific Coast are best under- 
stood by quoting from an address delivered by him 
in Cole county, Missouri, shortly after the return of 
the First Missouri Mounted Volunteer Cavalry from 
the War with Mexico, in which he said, in closing: 

"Fellow Countrymen and Ladies — The soldiers of 
the first requisition from Missouri, excepting those 
who sleep forever beneath the shadows of the Sierra 
Madre, have returned to receive the greetings of their 
friends and kindred. We bring with us the spoil of 
the enemy as trophies of our victories. 

"These assemblies, these crowds of fair women 
and brave men, these complimentary festivals and 
flattering words, resounding in our ears from every 
village and from every cabin, are the gratifying re- 
wards of our efforts and our deeds. 

"Thus are our long-suspended hopes and painful 
anxieties consummated by a deep and gratifying sense 
of triumph. So have we performed our task, and such 
is our munificent reward. 

"Suffer me to say, as one elevated by their own 
suffrages to an important command among them, as 
well to my fellow soldiers as to those here present 
who have sons or brothers or friends among them, 
that I found among the men at all times the most 



OP THE TERRITORY OF NEW MEXICO. 343 

admirable discipline, the most prompt and spontane- 
ous obedience; at all times a modest, unassuming 
bravery, which met thirst and cold and starvation 
and exhausting night marches with songs and gayety 
and merriment. 

"They displayed on the held, and in the hour of 
battle, a quiet anxiety for the charge, and then 
plunged down upon the enemy with a fiery fury which 
overwhelmed them with defeat and stung them with 
despair. These qualities they adorned with modera- 
tion after victory and clemency to the vanquished. 

"But the career of your soldiers, so happily be- 
gun, closes not here. May they not yet devote their 
young energies to a country which they ardently love 
and which thus generously illustrates its love for 
them? 

"War has been to our progressive nation the fruit- 
ful season of generating new offspring to our confed- 
eration. 

"During the ^Revolution, little armies, issuing from 
the Alleghanies, passed over Kentucky, the Northwest 
Territory, and Tennessee. These new countries had 
been reconnoitered and admired. With hardy frames, 
confirmed health, and recruited year by year of peace, 
these soldiers returned to occupy the choice spots 
which had been their bivouac and camping grounds. 
From the campaigns of war grew settlements of 
peace, and populous states displaced the wilderness. 
Another war came, with another generation; armies 
penetrated Michigan, upper Illinois and into Missis- 
sippi. The great Mississippi, crossed at many points, 
ceased to be a barrier, and the steamboat appeared, 



344 MILITARY OCCUPATION OF NEW MEXICO. 

plowing its yellow flow. Five great states and 2,- 
000.000 of people emblazon its western bank. 

"And now again have come another generation 
and another war. Your little armies have scaled the 
eternal barriers of the mother mountain of the New 
World, and buried for a time in the mazes of its man- 
ifold peaks .uul ridges, have debouched at many points 
upon the briny beach of the Pacific. 

"Passing round by the great oceans, a military 
marine simultaneously strikes the shore and lends 
them aid. Thus is the wilderness reconnoitered in 
war. its geography illustrated and its conquerors dis- 
ciplined. 

"Your soldiers, resting for a time at home, will 
sally forth again, and. wielding the weapons of hus- 
bandry, give to you new roads that will nurture com- 
merce and a sisterhood of maritime states on the new- 
found ocean." 



I :::: -- . 







Colonel John "W. Reid. 
From a Photograph by Thompson, Kansas City, Mo. 



JOHN W. REID. 

John W. Reid was born at Lynchburg, Virginia, 
June 14, 1820. His ancestors fought in the Revolu- 
tionary War. One of them was the founder of Lib- 
erty Hall Academy, now Washington and Lee Univer- 
sity. In 1841 he moved to the state of Missouri, and 
settled in Saline county, where he taught school and 
studied law. In the year 184G he was admitted to the 
bar and practiced for a few months in the early part 
of the year. When the war with Mexico broke out 
he raised a company in Saline county and was com- 
missioned its captain and served with distinction in 
Colonel Doniphan's regiment. 

Alter the conquest of the Territory of New Mex- 
ico, and while Doniphan's command was preparing 
to march on Chihuahua, an order came from General 
Kearny to Doniphan to proceed to the subjugation of 
the Navajo tribe of Indians, bands of whom had been 
raiding in the valley of the Rio Grande. Colonel Don- 
iphan was ordered to effect amicable arrangements 
with the Navajos, if possible. 

While at the Pueblo of Laguna, situate on the 
line of the Atchison, Topeka and Santa Fe Railway, 
a short distance west of the city of Albuquerque, a 
chief of the Navajos, named Sandoval, was sent by 
Lieutenant Colonel Jackson to see the principal men 
of his tribe and ascertain if they were of a disposition 
to make a treaty with the Americans. After an ab- 
sence of ten days or two weeks Sandoval returned 
and reported that he had seen all the head men of the 
Navajo nation, and that they were mostly for peace, 



MILITARY OCCUPATION OP NEW MEXICO. 347 

but they were unwilling to trust themselves among 
the New Mexicans, unless they should be furnished 
with an escort of "white men" whose protection would 
ensure their safety. And, further, that before coming 
into the American camp they wished to see some of 
the "white men" among them, that they might talk 
with them and learn what was desired. 75 

Captain Reid immediately applied to Colonel 
Jackson for permission, with a small body of troops, 
to go to the Navajo country and learn for himself 
whether or not the Navajos desired peace or war. 
Reid's request was granted, and on the 20th day of 
October, 1846, he, with thirty volunteers, accompanied 
by Lieutenants De Courcey and Wells, set out for the 
Navajo country. 

The New Mexicans were amazed at his temerity. 
To enter the country of this great nation, noted for its 
fighting men, who had for many years robbed and 
plundered the citizens of the valleys, with less than 
an army, was, to the mind of the native, little less 
than annihilation. Sandoval accompanied the expe- 
dition as guide. The expedition, in its march, en- 
countered difficulties of the most appalling nature. It 
passed over great mountains. Precipices and yawning 
chasms often left but a narrow passage, where a mis- 
step would plunge horse and rider hundreds of feet 
to the foot of the canon walls. 76 

The expedition traveled five days with trifling 
intermission and camped for a rest near a beautiful 
spring of water, in a locality where grass was abund- 
ant for their horses. Here Sandoval brought to them 
about forty warriors, together with some of their 

7W6 Hughes' Doniphan's Expedition. 



348 THE MILITARY OCCUPATION 

women. At first the Indians showed signs of fear, 
whereupon Captain Reid, leaving his men in the valley, 
rode to the top of the hill, along with Sandoval, 
stopped and sainted the Indians in a friendly manner. 
Presently, after some conversation with Sandoval, the 
Indians approached and rode down to the camp, where 
Indians and Americans passed the night together, the 
utmost confidence apparently prevailing. 

The following day. at the request of the Indians, 
i he expedition moved on to a point some thirty miles 
distant, where I hey were advised there was to he a 
grand junta of Indians and a celebration. The Indians 
were very anxious to have the captain and his handful 
of men as guests, and notified him "that most of their 
people had never seen a white man. but having heard 
much <>f the power and wisdom of the Americans, and 
of the progress of the army in New- Mexico, were very 
anxious to see and entertain them." Captain Reid 
agreed to their proposal and. following the Indians, 
the expedition proceeded to the place designated, 
where they found more than five hundred warriors 
and women congregated. The Indians received them 
with the greatesl professions of friendship, and made 
them presents of sheep and other meats which were 
highly acceptable. Camp was made, when it was im- 
mediately filled with Indians, eagerly gratifying their 
curiosity. The feasting and dancing continued until 
late at night, during which the captain and his men 
mixed in the crowd, to the great enjoyment and satis- 
faction of the Xavajos. 77 

The following day the captain proposed a "grand 
talk," but w T as informed bv the Indians that the head 



7 Hughes' Doniphan's Expedition. 



OF THE TERRITORY OP NEW MEXICO. 349 

chiefs of the nation were not present, and said that 
with one day's march further into the country, oppor- 
tunity would be given to talk with the big chiefs, who 
were men of great knowledge and experience. 

Captain Reid, after consultation with the two offi- 
cers and some of his men, concluded to accompany 
the Indians. Afterwards, in a letter written describ- 
ing the perils that surrounded him at the time, Cap- 
tain Reid said: 78 

"This was the most critical situation in which 1 
ever found myself placed, — with only thirty men, in 
the very center of a people, the most savage and pro- 
verbially treacherous of any on the continent. Many 
of them were not very friendly. Being completely in 
their power, we, of course, had to play the game to the 
best advantage. As there was no pasturage near the 
camp, we had to send out our horses. Our numbers 
were too few to divide or even altogether to think of 
protecting the horses, if the Indians were disposed to 
take them. So I even made a virtue of necessity and. 
putting great confidence in the honesty of their inten- 
tions, I gave my horses in charge of one of the chiefs 
of these notorious horse stealers. He took them out 
some five miles to graze, and we, after taking 
supper, again joined in the dance, which was kept up 
until next morning. Our men happened to take the 
right course to please the Indians, participating in all 
their sports and exchanging liveries with them. They 
seemed to be equally delighted to see themselves 
clothed in the vesture obtained from us, and to see 
our men adopting their costumes. The emboldened 
confidence and freedom with which we mixed among 



'Hughes' Doniphan's Expedition. 



350 THE MILITARY OCCUPATION 

them seemed to win upon their feelings and make 
them disposed to grant whatever we asked. They 
taxed their powers of performance in all their games 
to amuse us and make the time pass agreeably, not- 
withstanding our imminently precarious situation. 

"We had not arrived at the place of our camp be- 
fore we were met by all the head men of the nation. 
The chief of all, Narbona, being very sick, was never- 
theless mounted on horseback and brought in. He 
slept in my camp all night. Narbona, who was prob- 
ably seventy years old, being held in great reverence 
by his tribe for the warlike exploits of his youth and 
manhood, was now a mere skeleton of a man, being 
completely prostrated by rheumatism, the only disease, 
though a very common one, in this country. Conform- 
ably to a custom of the chief men of his tribe, he wore 
his finger nails very long, probably one and a half 
inches — formidable weapons! He appeared to be a 
mild, amiable man, and, though he had been a war- 
rior himself, was very anxious before his death to 
secure for his people a peace with all their old enemies, 
as well as with us, the new men, as he called us. 

"Upon the evening after our arrival we held a 
grand talk, in which all the old men participated. 
Most of them seemed disposed for peace, but some 
opposed it, as being contrary to the honor of the 
Navajos, as well as their interest, to make peace with 
Mexicans, though they were willing to do so with us. 
The peace party, however, prevailed, and by fair words 
and promises of protection I succeeded in obtaining a 
promise from the principal men that they would over- 
take me at the Agua Fria, a place some forty miles from 
Jackson's camp, from whence we would go together 



OP THE TERRITORY OF NEW MEXICO. 351 

to Santa F6" and conclude the final treaty. The night 
passed off in a variety of diversions and in the morn- 
ing, notwithstanding the most urgent desire on the 
part of our entertainers that we would stay, I thought 
it prudent to return, as we were running short of 
provisions. Our horses were forthcoming without a 
single exception, and as soon as we caught them we 
turned our faces towards camp. Although this ex- 
pedition was one of much hazard, yet it turned out to 
be one of much pleasurable excitement, and attended 
with no loss or harm. The country through which we 
traveled is amongst the finest portions of Mexico, de- 
cidedly the best for the growth of stock and present- 
ing more interest and variety in its features than any 
over which I traveled. It is, however, very destitute 
of water, so much so as to make it dangerous for those 
to travel without a guide. On this account, more than 
by its mountain fastnesses, it is impregnable to in- 
vasion. The people who inhabit it, and who were the 
object of our visit, are in many respects singular and 
unlike other of the aboriginal inhabitants of this con- 
tinent. Their habits are very similar to those of the 
Tartars. They are entirely a pastoral people, their 
flocks constituting their sole wealth; but little ad- 
dicted to the chase and never indulging in it, except 
when the game may be taken on horseback. Their 
weapons of war are the spear or lance, the bow, the 
lasso, in the use of all which they are not excelled. 
They may be said literally to live on horseback. Of 
these animals they possess immense droves and of a 
stock the same originally with the Mexican horse, yet 
wonderfully improved. They pay great attention to 
•the breeding of their horses and think scarcely less 



352 THE MILITARY OCCUPATION 

of them than do the Arabians. They also possess 
many mules, but they are generally the proceeds of 
their marauding expeditions against the Mexicans. 
Indeed, the whole of New Mexico is subject to the 
devastating incursions of these lords of the moun- 
tains." 

The expedition, conducted by Captain Reid, ef- 
fected its return to the place from which they had 
started without any serious molestation or any con- 
siderable difficulty. The chiefs started, according to 
promise, to overtake the captain at Agua Fria, but 
were induced to turn back by a miscreant Navajo, who 
assured them that if they ventured to Santa F6 they 
would all be killed. Having had so many evidences 
of the bad faith of the Mexicans, they were naturally 
suspicious and therefore abandoned their purpose. 

Later on, at the Bear Spring, a treaty with the 
Navajos was executed by Colonel Doniphan, all of the 
principal chiefs of the tribe being present and sign- 
ing the document. 

At the Battle of the Brazito, on Christinas day, 
L846, Captain Reid again distinguished himself. The 
American left was charged by the Mexican cavalry, 
when Captain Reid with only sixteen mounted men 
(the rest of his command being on foot) charged upon 
them, broke through their ranks, hewed them to pieces 
with their sabres and thereby contributed materially 
in throwing the enemy's right wing into confusion. 79 

In the battle of Sacramento, Captain Reid, at the 
head of his troop, charged the enemy, entrenched at 



"'Report of Col. Doniphan, March 4, 1847 — from Chihua- 
hua to Brig. Gen. R. Jones, Adjutant General U. S. A., Wash- 
ington, D. C. 



OF THE TERRITORY OP NEW MEXICO. 353 

the top of the hill, in a most brilliant manner. Major 
Gilpin in his report of the battle says: "The onset 
was commenced by a charge at full gallop of Captain 
Reid's cavalry, accompanied by the howitzers of our 
battery, upon the round fort in front. These coming 
upon the gully beneath the Mexican works, the howitz- 
ers turned off to the left and passing around the head 
of the gully unlimbered close under the Mexican mus- 
kets and commenced firing shells and grape. The 
horsemen, some leaping over and others riding around 
the gully, charged up the slope supporting the howitz- 
ers, but, being few in number and coming suddenly 
upon the dense masses of the enemy, thronged up in 
their breastworks, and, assailing them with a thick 
hail of bullets, they obliqued to the left along the slope 
under the trenches, seeking intervals between the re- 
doubts through which to charge and firing their car- 
bines into the redoubts as they passed in front of 
them. 80 

In further commendation of the conduct of the 
officers and men in this battle, Major Gilpin says: 
"Should you design to place the achievements of our 
officers and men under the eye of the President, allow 
me to recommend them as having conquered for them- 
selves, at Brazito and Sacramento, a glory equal to 
those who fought at Palo Alto, Resaca de la Palma 
and Monterey." 

After the army under Colonel Doniphan had evac- 
uated the city of Chihuahua, and had taken up its 
march to join General Zachary Taylor, Captain Reid, 
with a handful of men, being at Parras, ascertained 



80 Report of Major Gilpin to Col. Doniphan, Chihuahua. 
March 2, 1847. 



354 THE MILITARY OCCUPATION 

that a band of Comanches had just made a descent 
from the mountains upon the city, and killed eight or 
ten of the citizens, carried off nineteen boys and girls 
into captivity and driven off three hundred mules and 
two hundred horses. Besides this they had robbed 
houses of money, blankets and the sacred household 
gods. They besought Captain Reid to interfere in 
their behalf; that although they were considered ene- 
mies to the Americans, it did not become the magna- 
nimity of the American soldiers to see them robbed 
and murdered by a lawless band of savages. Captain 
Reid undertook to recover the innocent captives and 
chastise the brutal savages. It so happened that Lieu- 
tenant Pope Gordon had been sent in advance of the 
American army, for the purpose of securing water for 
the men and horses at El Poso. It was just at this 
time that Reid was joined by Gordon and his small 
force. The Indians soon appeared, coming from a 
caiion to the south of the hacienda. They had all their 
spoils and captives with them. It was their intention 
also to take water at El Poso. Captain Reid concealed 
his men in the hacienda. When the Indians had come 
within a half mile of the hacienda, a charge was made 
upon them, which was most gallantly accomplished. 
The Indians fought with desperation. Captain Reid, 
in a daring charge, received two severe wounds, one in 
the face and the other in the shoulder, both from 
steel-pointed arrows. None of Captain Reid's com- 
mand was killed, but the Indians lost seventeen killed 
and not less than twenty-five wounded; all the animals 
and captive boys and girls were retaken and restored 
to their friends and relatives. A letter of thanks was 
given to Captain Reid and his men after this battle by 



OF THE TERRITORY OF NEW MEXICO. 355 

the mayor of the city of Parras, which is most compli- 
mentary in its terms and which was read to the people 
at the celebration given at St. Louis, Missouri, on the 
return of the regiment from the war, by Senator 
Thomas H. Benton. 

In the year 1849 Captain Reid settled at Inde- 
pendence, Missouri, and was there engaged in the 
practice of the law until 1853, when he was elected 
to the state legislature, and was re-elected in 1855. 
He was the author of the Constitutional amendment 
under which the state of Missouri was not permitted 
to incur an indebtedness exceeding thirty millions of 
dollars. In 1855, together with C. H. Hardin and 
Thomas C. Richardson, he was appointed member of a 
commission to revise the laws of the state. Captain 
Reid was very prominent in the border troubles be- 
tween Missouri and Kansas prior to the Civil War, 
and commanded the Missouri forces that burned Osa- 
watomie, in Kansas. In 1858 he was a candidate for 
Congress, but was defeated. In 1860 he was again a 
candidate, and was elected and served during the por- 
tion of the extra session of 1861 and later resigned. 
He spent a year in the military prison at St. Louis, 
at the end of which time he was released on his parole 
and agreement to take no further part in the war. 
Toward the close of the war he went to Liberty, Mis- 
souri, and lived there about two years. In 1865 he 
removed to Kansas City and commenced the practice 
of the law, in partnership with William B. Napton. 
This partnership only lasted about a year, when he 
retired from the practice of law, and devoted his en- 
tire time to his own real estate interests, which be- 
came very important after the panic of 1873. Besides 



356 MILITARY OCCUPATION OP NEW MEXICO. 

giving his attention to his own private affairs, he de- 
voted much time to the upbuilding of Kansas City, 
and his labors in this direction were of great value. 

To him Kansas City is largely indebted for its 
present greatness. Captain Reid was a soldier and 
a brave one. In his profession he was always highly 
honored by the bar, of which he was a member, and 
by the community in which he lived. He was twice 
married, first to a Mrs. Flournoy, and second to Miss 
Sallie Magraw, of Independence, Missouri, whose 
father, M. F. Magraw, was a pioneer Santa Fe trader. 

Be died November 23, 1881. 




■ 



General Sterling Price. 



STERLING PRICE. 

Major General Sterling Price claimed descent 
from Lord Baltimore. He was born in Prince Edward 
county, Virginia, September 14, 1809. Very little is 
known of Ms early life. He attended the schools in 
the county where he was raised, and graduated, at the 
age of nineteen, from Hampden-Sidney College. He 
came to the state of Missouri in 18-30, and settled in 
Chariton county, where he lived until the breaking 
out of the war between the states. 

General Price was a man of fine character. He 
was elected to the legislature, and in the year 1842 
was Speaker of the House of Representatives. He 
was elected to the Congress of the United States in 
1844. He resigned his seat in Congress to accept a 
commission in the army. He raised the 2nd Regiment 
of Missouri Mounted Volunteer Cavalry, which was 
mustered into the service in August, 1846. He was 
its Colonel and marched with his regiment to Santa 
F6, where he assumed command of the Territory 
after the departure of General Kearny for California 
and Colonel Doniphan for Chihuahua. He suppressed 
the rebellion of the Indians and Mexicans in January, 
1847, an account of which is given elsewhere in this 
volume. He was commissioned a Brigadier General, 
July 20, 1847. He returned to Missouri after the 
treaty of Guadalupe Hidalgo, and in 1852 was elected 
Governor of the State of Missouri, which office he 
filled capably for four years. 

Prior to the breaking out of the war between the 
states, General Price was a strong Union man; he 



MILITARY OCCUPATION OF NEW MEXICO. 359 

earnestly advocated the preservation of the Union, 
and was elected a delegate to the convention called 
by the state legislature as a Union advocate. He was 
elected president of the convention. General Price 
did all in his power to prevent secession by his state, 
and did all that he could to maintain its policy of 
neutrality. He was made commander of the state 
guards, but the course of events made it necessary for 
him to finally join the confederate armies. He was 
made a Major-General, and his services were rendered 
principally in Missouri and Arkansas. He led the Con- 
federate army with great skill at the battles of Wil- 
son Creek and Pea Ridge. On the 20th day of Sep- 
tember, 18G2, he fought the battle of Iuka, and later 
on was in the battle of Corinth. General Price and 
his Missourians were the idols of the army. In 1864 
he again invaded Missouri, but the campaign was one 
of disaster, and he retreated into Arkansas. 

Physically, General Price was a fine specimen of 
manhood; he was over six feet in height and straight 
as an Indian. He was dignified, graceful and gentle 
and in every way a gentleman. 

When the war between the states was at an end 
General Price went to Mexico, where he sought serv- 
ice with the Emperor Maximilian. He returned to 
Missouri and engaged in the commission business in 
St. Louis, and died September 29, 1867. 

General Price was a soldier in every sense of the 
word. He was a great general. He was a strict dis- 
ciplinarian, but the care of his soldiers was always his 
first consideration. He was very companionable, and 
was beloved by all his men. In Missouri he was 
known as "Old Pap Price," and to-day the memory 



360 MILITARY OCCUPATION OF NEW MENICO. 

of the man is sacred in some parts of the state. He 
treated the captives from the Union army with great 
tenderness and consideration. Those Union men who 
had been captured by his army, upon their return to 
the Union ranks, were loud in their praises of Gen- 
eral Price. He was always solicitous as to the sick, 
and it made no difference to him whether the soldier 
was a confederate or a federal. As was said of him, 
"He was more than their commander; he was their 
personal friend; Old Pap Price was their father in- 
deed." His own troops not only loved him, but were 
devoted to him. His figure in the battle-field, clothed 
in a common brown linen coat, with his white hair 
streaming in the wind, was the signal for wild and 
never-ending cheers so long as he was in sight, and 
there was not one of his soldiers, it was said, but who 
\\;is willing to die if he could only fall within sight 
of his commander. 



ANTONIO JOSE OTERO. 

Antonio Jose Otero was a native of Valencia 
county, New Mexico, having been born in the Plaza 
of Valencia on the 13th day of March, 1809. He was 
the son of Vicente Otero. His mother's name, before 
marriage, was Gertrudes Chaves. His grandfather was 
Don Pedro Otero, who came to Santa Fe about the 
year of American Independence, and afterwards 
moved to Valencia. Judge Otero lived at Peralta, in 
the county of Valencia, when the American army un- 
der General Kearny took possession of the Territory, 
and was thirty-five years of age when invested with 
the judicial ermine by General Kearny. He was mar- 
ried to Francisca Chaves, and left him surviving Man- 
uel Rito, Teresa, Adolfo, Meliton S., Mariana and Vir- 
ginia Otero. He died on the 19th day of November, 
1870, at Peralta, his home. 

Judge Otero presided over the third circuit court, 
which comprised all of the territory south of Santa 
Fe and all of what is now the Territory of Arizona. 
William Henrie and Celso Cullar Medina were clerks 
of his court. Some of the records may be found in 
the office of the probate clerk of Valencia county. 

He was a man of enlarged views and command 
ing influence, and was held in high esteem by those 
who enjoyed his personal acquaintance. He readily 
accepted the situation when the conquest came, and 
was always recognized as most loyal to American 
ideas and institutions. He received a portion of his 
education at Laguna, New Mexico, where he was 
taught by Fr. Penol, a Franciscan friar. He also 



362 THE MILITARY OCCUPATION 

studied with Fr. Antonio Jose Martinez, of Taos. He 
was endowed by nature with fine intellectual powers, 
all of which were developed and strengthened by dis- 
cipline which enabled him to comprehend readily and 
accurately the important questions demanding his at- 
tention in after years. He was a very cautious man, 
rarely giving expression to an opinion until, upon re- 
flection, the matter under consideration was clearly 
and definitely fixed in his mind. It is a matter of 
more than passing notice that Judge Otero, born and 
reared under the Spanish and Mexican governments, 
whose laws and customs were so different from those 
of the United States, growing to manhood in a por- 
tion of the world at that time far removed from all 
the influences of modern thought and civilization, re- 
siding in a locality whose inhabitants were engaged 
six months in every year in wars with hostile Indians, 
could so well fill his place upon the bench. 

While sitting as a member of the Superior Court 
he delivered the only opinion coming from that court 
which has been preserved. This opinion was delivered 
in the month of January, 1848, in the case of Joab 
Houghton, administrator of Juan A. Archuleta vs. 
Manuel Arniijo, and was an action of debt. The plain 
tiff at the time was Chief Justice of the court of which 
Judge Otero was a member, and the defendant was 
the ex-governor and commander-in-chief under Mex- 
can rule. In his opinion, the court says: 

"The appellant files his motion for dismissal of 
the appeal on the ground that there is no affidavit, 
as required by the statute. This would certainly be 
good cause for the dismissal if the court regarded the 



OF THE TERRITORY OP NEW MEXICO. 363 

case as being before it by the common mode of appeal. 
There seems to be an obscurity in the law as it exists 
at present, which the court feels bound to follow as 
far only as the dictates of justice would warrant. In 
the strict letter of the statute there is but one mode 
of appeal, and the want of an affidavit would be good 
cause for a dismissal ; but in another section of the 
statute it appears to recognize a difference in an ap- 
peal and a writ of error. The court, believing that the 
ends of justice will be attained by bringing the merits 
of the appeal before it, overrules the motion of the 
plaintiff." 

It will be seen by this opinion, or at least by its 
wording, that the court found it necessary to follow 
an "obscurity in the law," to the end that substantial 
justice might be done to all concerned. 

Judge Otero was the only man of Spanish or Mex- 
ican origin who ever sat upon the Supreme Bench in 
New Mexico. He was a representative of his race, 
faithful to his friends, his country and his God, and 
no better eulogy could be pronounced, no monumenl 
or statue of bronze or marble could equal in value 
the record he left his people — a just and upright judge. 



* 







Governor Henry Connelly. 



HENRY CONNELLY. 

Henry Connelly was of Irish descent, his fore- 
fathers having been citizens of the County Armagh, 
Ireland. About the year 1689 the Connellys came to 
America and settled where now is built the city of 
Charleston, South Carolina. His ancestors in America 
were heroes of the Revolution, fighting in the patriot 
armies of Washington, Greene, Morgan, Gates, Lincoln 
and Pinckney. After the Revolution some of the Con- 
nellys moved west into Kentucky, Dr. Henry Con- 
nelly's father settling in Nelson county of that state 
about the year 1789. Henry Connelly was educated in 
the county schools. Afterwards he attended the Med- 
ical school of the Transylvania University at Lexing- 
ton, Kentucky, being among the first to graduate from 
that institution. Dr. Henry Connelly graduated in 
1828 and soon left Kentucky for Missouri and settled 
in Liberty, Clay county, of that state. In the same 
year he left the state for Chihuahua, Mexico. Here 
he was employed as a clerk and later on purchased 
the establishment. He was in business in the city of 
Chihuahua for many years and had for a partner 
Edward J. Glasgow, who had been in business at 
Mazatlan. He was married in Mexico, in the town of 
Jesus Maria, in the year 1838. There were three chil- 
dren born of this marriage, one of whom, Peter, is now 
living in Kansas City, Missouri. 

Prior to the breaking out of the war with Mexico, 
Dr. Connelly brought his children to Missouri and re- 
turned to Chihuahua. His wife died a few years after- 
ward. 



36G MILITARY OCCUPATION OF NEW MEXICO. 

Dr. Connelly was in Santa F6 at the time that 
General Kearny reached Bent's Fort on the Arkansas 
and acted as agent for Governor Armijo at the time 
that Captain Cooke arrived in the capital. Prior to 
Doniphan's capture of the city of Chihuahua, about 
the time of the battle of Brazito, Dr. Connelly was 
arrested by the Mexican authorities and taken to 
Chihuahua and confined, but was subsequently re- 
leased. He remained in Chihuahua until the close of 
the war, leaving that city for Santa F6 some time in 
1848, and going to the city of Santa Fe", in which place 
he resided up to the time of his death. He also had 
a home at Peralta, Valencia county, where he married 
Dolores Perea, widow of Jose Chaves, the father of 
Colonel J. Francisco Chaves, from whom the author 
received most of the information contained in this 
sketch. Dr. Connelly was engaged in merchandizing 
in New Mexico from the time that he came from 
Chihuahua and had houses in several towns in the 
Territory. 

Dr. Connelly was governor of New Mexico during 
the war between the states and was reappointed by 
President Lincoln in 1864. He was succeeded by Gen- 
eral K. B. Mitchell, snon after the accession of Johnson 
to the presidency. To Governor Connelly, more than 
to any one else, was due the fact that the Confederacy 
secured no permanent foothold in New Mexico. So- 
cially he was a man of refinement and great intelli- 
gence. His good work for the people of New Mexico 
will some day be perpetuated by a suitable monument 
to his memory. He died at Santa F6" in July, 1866. 




€ 



General Francis Preston Blair, Jr. 



FRANCIS PRESTON BLAIR, JR. 

The ancestors of Francis Preston Blair, Jr., came 
to America from Ireland in 1735, his great-grandfather 
having been John Blair, a Presbyterian clergyman. 
He was born in Lexington, Kentucky, February 19, 
1821, and died at St. Louis, Mo., July 11, 1875. He 
received his early education in the public schools of 
the city of his birth, and attended Princeton College, 
from which he was graduated in 1841. He studied law 
in the office of Lewis Marshall, and later entered upon 
the practice of his profession at St. Louis, Mo., having 
formed a partnership with his brother, Montgomery 
Blair. He came to the far West in 1845, a health 
seeker, and was at Bent's Fort on the Arkansas when 
General Kearny and the Army of the West reached 
that point in July, 1846. He joined the column and 
came with Kearny to Santa Fe\ where he aided Gen- 
eral Doniphan, Willard P. Hall and Dr. David Waldo 
in the preparation of what is known as Kearny's Code. 
Kearny appointed him United States Attorney, and 
it was Blair who drew the indictments for treason 
found against the conspirators who brought on the 
Taos revolution, in 1847. He returned to Missouri in 
that year, General Price, the military commander at 
Santa Fe', having abolished the office of attorney gen- 
eral, to which Blair had been appointed. Upon his 
return to Missouri, Blair journeyed to Woodford 
county, Kentucky, where he was married to a Miss 
Alexander. He returned to St. Louis and resumed the 
practice of his profession. Blair was never an aboli- 
tionist, but was elected to the Missouri Legislature 



MILITARY OCCUPATION OF NEW MEXICO. 369 

as a Free-Soiler in 1852 and again in 1854. He was 
a great friend of Senator Thomas H. Benton and sup- 
ported his son-in-law, Fremont, for President in 1856. 
In this year he was elected a member of Congress. 
At the following election he was defeated, but again 
elected in 1860 and was Chairman of the House Com- 
mittee on Military Affairs. Blair was a strong Union 
man and used his great influence in his state to pre- 
vent its seceding from the Union. He was particularly 
active in the city of St. Louis, and it was under his 
leadership that men were drilled night and day pre- 
paratory for the great struggle which Blair knew was 
coming. General Lyon was in command of this force 
and through Blair's foresight, in the organization of 
this army, made it possible for Lyon to capture Camp 
Jackson. 

Some time after the battle of Wilson Creek, Blair 
was commissioned a Major-General in the Federal 
army and participated in the Vicksburg campaign, 
where he commanded the Second Division of Sher- 
man's Corps. He was at this time a member of Con- 
gress and was re-elected. Two years later he was in 
command of the Seventeenth Army Corps and marched 
with Sherman to Atlanta and the sea. In 1866, after 
the assassination of President Lincoln, he was made 
a commissioner of the Union Pacific Railroad. In 
1868, he was nominated by the Democratic party for 
Vice-President, with Horatio Seymour, of New York, 
as the candidate for President. He was a Senator of 
the United States from 1871 to 1873, having been 
appointed to the position upon the acceptance of the 
resignation of Senator Charles D. Drake, who became 
chairman of the Court of Claims. 



370 THE MILITARY OCCUPATION 

Blair was a strong Union man, but after the war 
he did everything within his power to assist the Con- 
federate soldier in securing the rights of American 
citizenship. General Blair's position during the ad- 
ministration of the reconstruction plans following the 
close of the war was a very dangerous one, but it was 
very largely through his courage and espousal of their 
cause that they were finally restored to their civil 
rights. General Blair was subjected to a great many 
annoyances and indignities growing out of his efforts 
to restore the ex-Confederate soldier to his civil rights. 
He canvassed the state of Missouri, speaking in many 
places, and, upon several occasions, was assailed and 
interrupted by persons in his audience who did not 
understand General Blair's patriotic and unselfish mo- 
tives and his love for equal rights to all. 

Upon one occasion 81 he was addressing a meeting 
of I lie citizens of Audrain county. His mission was 
one of peace and in the interest of a re-constructed 
Union and the restoration of the ballot to the Con- 
federate soldiers of the state. There were present at 
the meeting a number of ex-Union soldiers who did 
not agree with the sentiments being expressed by 
General Blair, and some of them threatened to take 
him from the speaker's stand. The crowd of citizens 
present was very large and filled a large grove of 
forest trees in which the stand had been placed. 
Marked attention was being given to every word ut- 
tered by the speaker, and just as General Blair was 
beginning to warm to his subject, a large, stalwart 
man in the audience, clad in the faded blue uniform 
of a Union soldier, in the midst of others similarly 



sl St. Louis Globe-Democrat, February 19, 1899. 



OP THE TERRITORY OP NEW MEXICO. 371 

dressed, cried out: "He's a d — d rebel! Let us take 
him down!" and moved toward the stand in a threat- 
ening manner. The audience stood mute, but Blair 
never flinched. Waving his hand to the audience, he 
said: "Keep your seats; there's no danger." At the 
same moment he placed two large revolvers on the 
stand in front of him and denounced the leader of the 
threatening mob as a coward and telling him to come 
ahead and take him down, as he was ready for him. 
The leader and his friends made no further effort to 
disturb General Blair, who continued to address the 
meeting for more than two hours, amid demonstra- 
tions of great applause. 

General Blair had many such experiences in other 
portions of the state. At a meeting held in Louisiana, 
Pike county, an immense crowd was present to hear 
him. No sooner had he been introduced to the audi- 
ence, and before he had uttered a word, he unbuckled 
his belt and placed it, with two large revolvers, upon 
the table in front of him. Then he said: "Fellow 
Citizens of Pike County — I have an interesting item 
of news to tell you before I make my speech. I un- 
derstand that I am to be killed here to-day. As I 
have recently come out of four years of that business, 
I think the killing had better be attended to before 
the speaking begins." The General paused for a mo- 
ment. No hostile demonstration was made, and he 
proceeded with his address. Very soon, however, a 
large, rough appearing man in the audience arose and 
shouted : "He's nothing but a rebel ! Take him out !" 
The audience was visibly excited and rose to its feet. 
But Blair was unmoved, and pointing his finger at the 
author of the disturbance, said: "Well, come and 



372 THE MILITARY OCCUPATION 

take rae out." But the man made no further move, 
knowing that Blair intended to use his weapons if 
any assault was made upon him. He was not inter- 
rupted from that time on. 

General Blair did not know the meaning of the 
word fear. Many times was he put to the test under 
circumstances calculated to unnerve the stoutest 
heart. Upon one occasion, when it was almost death 
for a public man to declare himself opposed to the in- 
stitution of slavery, he made an appointment to ad- 
dress the people of Ironton, Missouri, and it was an- 
nounced that, if he attempted to do so, he would be 
mobbed. When General Blair reached the town, it 
was learned that an armed mob had assembled in the 
court house to prevent his speaking. When he arose 
to deliver his address, the few friends he had present 
were greatly alarmed, but their fears were soon dissi- 
pated when they saw his calm demeanor and heard 
him declare that any man who had come to the meet- 
ing armed, with the intention to use violence against 
him, was too great a coward to attempt it. For nearly 
two hours he spoke without interruption, and after- 
wards received the congratulations of many present, 
who entertained opposite views upon the slavery ques- 
tion. He delivered addresses in nearly every part of 
the state of Missouri, and, outside of a few rotten eggs 
that were thrown at him in the night time, he never 
met with any pronounced resistance. 

He was a very brave man, but it has been said, 
by men who served in his corps, that he never went 
into battle without ample preparation, and that he al- 
ways consulted freely with his subordinates before 
taking any important step. He was without fear and 



OP THE TERRITORY OF NEW MEXICO. 373 

still he was not impetuous. He did not possess a mil- 
itary education, but there were few better soldiers in 
the army. Both Generals Grant and Sherman had 
an exalted opinion of his military services, and upon 
several occasions made reference in the most compli- 
mentary terms to his military genius. 

General Blair was a politician, and in him were 
combined more of the elements of political success 
than most public men have enjoyed. His knowledge 
of men was great. He was whole-souled and gen- 
erous, utterly unselfish and kept himself poor in his 
efforts to assist his friends. No better evidence of his 
spotless integrity can be found than in the fact that, 
although he had it in his power to become immensely 
wealthy, he died without a cent. 

Many of the people in Missouri criticised General 
Blair for his course in espousing the cause of the ex- 
Confederates, after the close of the war. But this crit- 
icism only made Blair the stronger in his determina- 
tion to see them restored to full civil rights. It was 
his belief that the only method of restoring harmony 
and good feeling was to extend to them the hand of 
fellowship and persuade them that their interest was 
in the Union and not out of it. The position thus 
taken and maintained by him was fully appreciated 
by those whom it was intended to benefit. Shortly 
after his death, at a meeting of ex-Confederates, in the 
city of St. Louis, the following resolution was passed: 

"Resolved, That we, the ex-Confederates here as- 
sembled, do as deeply mourn his loss, and as heartily 
acknowledge his high character and great abilities, as 
can those who never differed with him in the past 
great struggle. As soldiers who fought against the 



374 MILITARY OCCUPATION OF NEW MEXICO. 

cause he espoused, we honor and respect the fidelity, 
high courage and energy he brought to his aid. As 
citizens of Missouri, we recognize the signal service 
done his state as one of her senators in the National 
Council; as Americans we are proud of his manhood; 
and as men we deplore the loss from among us of one 
in whom was embodied so much honor, generosity and 
gentleness. And we remember with gratitude that, 
as soon as the late civil strife was ended, he was 
among the first to prove the honesty of his course by 
welcoming us back as citizens of the Union he had 
fought to maintain; and that he never thereafter 
ceased to battle for the restoration and maintenance 
of our rights under the Constitution." 

General Blair died in the fifty-fifth year of his 
age, and lies buried in Bellefontaine Cemetery, St. 
Louis, Missouri. 

On the day of his funeral the city of St. Louis 
was black with its emblems of mourning. A great 
man had fallen. The bar and divers civil societies 
followed the funeral cortege to the cemetery. The 
flags of fifty vessels in the harbor were trailing at 
half-mast, and every possible demonstration of grief 
was made at the loss of a man whom General Sher- 
man characterized as "one of the truest of patriots, 
most honest and honorable of men, and one of the 
most courageous soldiers this country ever produced." 



JAMES MAGOFFIN. 

James Magoffin was of Irish parentage, bis father 
having been born in the County Down, Ireland. His 
name was Beriah Magoffin, and he was married in Ire- 
land to Jane McAfee. They emigrated to America be- 
fore 1800 and settled in Harrodsburg, Kentucky, where 
James Magoffin was born, in the year 1799. He had 
six brothers and three sisters, one of whom, Beriah 
Magoffin, was governor of Kentucky. Beriah Magoffin 
married a daughter of Isaac Shelby, a granddaughter 
of Isaac Shelby, Sr. who was the first governor of Ken- 
tucky. 

James Magoffin came to New Mexico and Chihua- 
hua about 1828, and was married in the City of Chi- 
huahua, in the year 1830, to Maria Gertrudes Valdez. 
Ee was engaged in the merchandizing business in Chi- 
huahua, and was the American consul in that state. 
In 1841 he left Chihuahua and went to Independence, 
Missouri, where he bought a farm. His wife died at 
Independence the following year. Later in the year, 
with his two sons, Magoffin went to Washington and 
there met Senator Thomas H. Benton. He placed his 
two sons, Samuel and Joseph, in school in Lexington, 
Kentucky. 

Upon the commencement of hostilities in the war 
with Mexico, Senator Benton sent to Independence, 
Missouri, for Mr. Magoffin, and he was given a secret 
commission by the Government of the United States 
and instructed to go with General Kearny to Santa F6 
and pave the way of the Army of the West for the 
occupation of New Mexico without bloodshed, if pos- 



MILITARY OCCUPATION OF NEW MEXICO. 377 

sible. Magoffin was a man of mind, of will, of gen- 
erous temper, patriotic and rich. He knew every man 
in New Mexico and bis character, and all the localities, 
and was, in the opinion of Benton, of infinite service 
to the invading army. S2 He agreed to go with the 
Army of the West, and what he accomplished at Santa 
F6, where he proceeded with Capt. Cooke, is men- 
tioned in the sketch of the life of Diego Archuleta. 

"Mr. Magoffin, having prepared the way for the 
entrance of General Kearny into Santa Fe", proceeded 
to the execution of the remaining part of his mission, 
which was to do the same by Chihuahua for General 
Wool, then advancing upon that ancient capital of the 
Western Internal Provinces on a lower line. He ar- 
rived in that city, became suspected, was arrested and 
confined. He was a social, generous tempered man, a 
son of Erin, loved company, spoke Spanish fluently, 
entertained freely, and where it was some cost to en- 
tertain — claret, $36.00 a dozen; champagne, $50.00. He 
became a great favorite with the Mexican officers. One 
day the military judge advocate entered his quarters 
and told him that Dr. Connelly, an American, com- 
ing from Santa ~F6, had been captured near El Paso 
del Norte, his papers taken, and forwarded to Chihua- 
hua, and placed in his hands to see if there were any 
that needed government attention; and that he found 
among the papers a letter addressed to him, Magoffin. 
He had the letter, unopened, and said he did not know 
what it might be, but being just ordered to join Santa 
Ana at San Luis Potosi, and being unwilling that any- 
thing should happen after he was gone to a gentle- 
man who had been so agreeable to him, he had 

""Benton's Thirty Years' View, Vol. II, page 682. 



378 THE MILITARY OCCUPATION 

brought it to him that he might destroy it if there 
was anything in it to commit him. Magoffin glanced 
his eve over the letter. It was an attestation from 
General Kearny of his services in New Mexico, rec- 
ommending him to the acknowledgments of the Amer- 
ican government in that invasion; that is to say, it 
was his death warrant if seen by the Mexican author- 
ities. A look was exchanged; the letter went into the 
fire and Magoffin escaped being shot. 

"But he did not escape suspicion. He remained 
confined until the approach of Doniphan's expedition, 
and was then sent off to Durango, where he remained 
a prisoner to the end of the war. Returning to the 
United States after the peace, he came to Washington 
in the last days of Mr. Polk's administration and ex- 
pected remuneration. He had made no terms, asking- 
nothing, and received nothing, and had expended his 
own money, and that freely, for the public service. 
The administration had no money applicable to the 
object. Mr. Benton stated his case in secret session 
in the Senate, and obtained an appropriation, couched 
in general terms, of fifty thousand dollars for secret 
services rendered during the war. The appropriation, 
granted in the last night of the expiring administra- 
tion, remained to be applied by the new one, to which 
the business was unknown, and had to be presented 
unsupported by a line of writing. Mr. Benton went 
with Magoffin to President Taylor, who, hearing what 
he had done, and what information he had gained for 
General Kearny, instantly expressed the wish that he 
had had some person to do the same for him, observing 
that he got no information except at the point of the 
bayonet. He gave orders to the Secretary of War to 



OP THE TERRITORY OP NEW MEXICO. 379 

attend to the case as if there had been no change in 
the administration. 

"The secretary (Mr. Crawford, of Georgia) higgled, 
required statements to be filed, almost in the nature 
of an account, and finally proposed thirty thousand 
dollars. It barely covered expenses and losses, but 
having undertaken the service patriotically, Magoffin 
would not lower its character by standing out for 
more. The paper which he filed in the war office may 
furnish some material for history, some insight into 
the way of making conquests, if ever examined. 83 

"This is the secret history of General Kearny's ex- 
pedition, and of the insurrection, given because it 
would not be found in the documents. The history of 
Doniphan's Expedition will be given for the same rea- 
son, and to show that a regiment of citizen volunteers, 
without a regular officer among them, almost without 
expense, and hardly with the knowledge of their gov- 
ernment, performed actions as brilliant as any that 
illustrated the American arms in Mexico; and made 
a march in the enemy's country longer than that of 
the ten thousand under Xenophon." 

His son, Joseph Magoffin, went to El Paso, Texas, 
in 1856, and is still living in that city. 



83 Upon application to the War Department for copies of 
the Magoffin papers, the following advice was received: 

"It is an invariable rule of the Department not to fur- 
nish, nor to permit the making of copies of records such as 
those described within and for the purpose indicated within. 
"By order of the Secretary of War. 

"HENRY P. McCAIN, 

"Adjutant General." 




Colonel Richard Hanson Weightman, 



RICHARD HANSON WEIGHTMAN. 

Richard Hanson Weightman was born in the Dis- 
trict of Columbia, was educated at the United States 
Military Academy at West Point, and, at the begin- 
ning of the war with Mexico, lived in St. Louis, 
Missouri. 

When the call was made by the Governor of Mis- 
souri for troops, intended to become a part of the 
Army of the West, under command of General Kearny, 
the county of St. Louis, which then included the city 
of St. Louis, was asked to furnish the artillery for the 
expedition, while the northern river counties were 
asked to furnish the riflemen. 

Major Meriwether Lewis Clark, of St. Louis, a 
graduate of West Point, and a veteran of the War of 
1812 and the Black Hawk War, undertook to raise the 
two batteries required. Obedient to a call published 
in the newspapers, many of the first young men of the 
city volunteered their services, being influenced in 
some degree by the Santa F6 traders' stories of fab- 
ulous wealth to be gained in the Mexican country. 
The meeting of the recruits was held on May 28, 184G, 
in the office of a justice of the peace, over a black- 
smith's shop on Third street, between Pine and Olive. 
Here was organized "Battery 'A,' Missouri Light Ar- 
tillery." 84 

Richard Hanson Weightman was unanimously 
elected captain. The other officers chosen were: An- 
drew J. Dorn and Edmund F. Chouteau, first lieuten- 
ants, and John O. Simpson, second lieutenant. The 



4 St. Louis Weekly Reveille, May 29, 1846. 



382 THE MILITARY OCCUPATION 

sergeants were John K. Gratiot, afterwards elected 
a second lieutenant while marching across the plains; 
Davis Moore and A. V. Wilson; the corporals, William 
H. Thorpe, William Clark Kennerley, Clay Taylor, J. 
R. White and George W. Winston. Each artilleryman 
was required to furnish himself with a good horse, 
saddle, clothing, and, in fact, everything except arms. 
The uniform adopted, which was similar to the fatigue 
dress of the regular army, consisted of a flat blue cap 
with red band bearing the artillery emblem, short blue 
jacket, with red standing collar, and trousers with red 
stripes, one stripe for the men and two for the officers. 
As a further distinguishing mark the officers wore a 
band of gold lace on the collar. 95 The men all pro- 
cured Spanish saddles of one pattern. The saddle was 
little more than a skeleton to which were attached the 
girth and stirrup straps, rendering it cool and light 
as possible for the horse. A comfortable seat was ob- 
tained by placing a Mackinaw blanket above and be- 
neath the saddle; these blankets were also used by the 
men for cover. Each man had a stout leather belt, 
supporting a large bowie knife, and many supplied 
themselves with "revolving pistols," which were then 
just coming into use. 

Stories of Indian massacres and hardships to be 
encountered on the Great Plains, told bj friends and 
relatives for the purpose of discouraging the young 
men from going, served only to whet their appetite 
for adventure. They were also wrought up by the 
exciting narratives of an old Canadian hunter, Antoine 
Clement, famous in his day as the only trapper in the 
West who could approach a grizzly bear on foot with 



S5 History of Battery "A"— Mo. Hist. Society Collections. 



OP THE TERRITORY OF NEW MEXICO. 383 

any hope of victory, and Antoine was going with the 
expedition. 

Battery "A" became the corps d'elite of the ex- 
pedition. Everybody wanted to serve under Captain 
Weightman and become a comrade in arms of the 
intrepid Antoine. The result was that Battery "B," 
needed to complete the battalion, suffered for lack of 
recruits. The other organizations from the vicinity 
of St. Louis, Captain Fischer's German Troop of Dra- 
goons, the Laclede Rangers under Captain Hudson, 
and a company of Florissant mounted men, under 
Captain Edmondson, were all organized and ready to 
move before Battery "B" was complete with its quota. 
Finally, to expedite matters. Captain Fischer's troop 
was converted into a horse battery, which became 
Battery "B" of Clark's Battalion. 

On June 13, 1846, a crowd of citizens assembled 
on the levee to see the men of Weightman's Battery, 
one hundred and five strong, embark with their horses 
and baggage on the steamboat for the trip up the 
Missouri river. At Fort Leavenworth the command 
was mustered in the service of the United States, but 
had to await the arrival of their guns from Pittsburg. 
Meanwhile the departure every day or so of long trains 
of transport wagons, with orders to push on as fast as 
possible, made the men impatient and despondent. 
Another distressing circumstance was the illness of 
Captain Weightman, who, it was feared, would have 
to be left at the Fort. 

The long overland journey began on June 30, 1846. 
The St. Louis Flying Horse Artillery rode out of Fort 
Leavenworth into the Great West. To each of the 
eight long brass guns, the two twelve-pound howitzers 



384 THE MILITARY OCCUPATION 

and to the caissons were hitched four fine dragoon 
horses. As usual, with horses first put to artillery 
service, many mishaps arose. On the second day out, 
while fording a small stream, with steep banks, the 
drivers quickly tangled up their plunging and kicking 
animals and might have stopped there forever, had not 
the cannoneers dismounted and dragged the guns by 
hand up the muddy banks. Then came the prairies, 
with grass so high and rank that it reached to the 
backs of the horses, making progress very slow. 

One month after leaving Fort Leavenworth the 
column arrived at Fort Bent. After leaving Fort Bent 
and while on the Purgatoire, a Mexican spy was cap- 
tured and brought into the presence of General 
Kearny. He looked for immediate punishment and 
was much surprised when General Kearny took pains 
to show him his army and equipment and then told 
him to report to the Governor of New Mexico what 
he had seen. 

While at Fort Bent the battery received a supply 
of draught mules to fill the places of the many horses 
that the long march had killed off. Out of the one 
hundred fine cannon horses originally supplied, not 
over forty were left after the march across the Great 
Plains. 

When the command reached Las Vegas it was 
joined by Captain Weightman, who had been left 
behind at Fort Leavenworth. The men of Battery "A" 
greeted him with a round of cheers. Now they were 
keen for the fray. At the Apache Pass, where they 
expected to meet the enemy, none was found, and, on 
the 18th of August, the army marched into Santa Fe\ 



OP THE TERRITORY OP NEW MEXICO. 385 

having traveled over eight hundred and fifty miles in 
six weeks. 

Captain Weightman brought with him and deliv- 
ered to General Kearny, at Las Vegas, his commission 
as a Brigadier General in the army of the United 
States. He was a most gallant and capable officer and 
participated in the battle of Sacramento. He was also 
a paymaster in the army and w r as discharged in 1840. 
When the war with Mexico was over, he came to Santa 
F6, where he practiced law and incidentally conducted 
a small newspaper. He was very active in the politics 
of the Territory of New Mexico, and was very pro- 
nounced in his criticism of the actions of the military 
authorities during the military occupation of New Mex- 
ico. Together with Captain Angney, who had served 
with him during the war, he inaugurated a great cam- 
paign against Hugh N. Smith, who had been sent to 
Washington to look after the interests of the people, 
but Smith was successful and was elected delegate to 
congress from the Territory. In 1850, just prior to the 
establishment of the territorial form of government, 
Weightman was elected United States Senator from 
New Mexico, in an effort, at that time, on the part of 
the people, to secure statehood for the Territory. He 
was elected to congress and served two years, 1851- 
1852. 

At the time that he was conducting a newspaper 
in Santa Fe occurred the altercation between him and 
Felix X. Aubrey, resulting in the death of the latter. 
Aubrey had claimed to have discovered a new pass 
through the mountains to California. Weightman, in 
his paper, had cast some doubt upon Aubrey's discov- 
ery. Shortly afterwards Aubrey returned to Santa Fe, 



386 THE MILITARY OCCUPATION 

and, meeting Weightman in the Plaza, proceeded witb 
him to the bar of the old Exchange Hotel (Fonda), 
where they were about to take some brandy, as was 
the custom of the time. Aubrey raised his glass to 
his lips, and, putting it down, said, "What has become 
of your paper?" Weightman answered: "Dead. 7 ' 
"What killed it?" asked the other. "Lack of support," 
was the reply. "The lie it told on me, killed it," said 
Aubrey. Without a word, Weightman threw a glass 
of brandy into Aubrey's face, and, while blinded by its 
effect, stabbed him to death. Major Weightman, in 
speaking of the affair afterwards to a friend, 86 said 
that he saw that Aubrey was angry and was drawing 
his pistol, and that one or the other must be killed, 
and that he only struck to save his own life. 

Major Weightman was always a great friend of 
the native New Mexicans. He was always on the alert 
in their defense. While a delegate in Congress, he 
made an impassioned address in their behalf, the occa- 
sion being the contest for his seat in that body by 
< 'a] i tain A. W. Keynolds, whom he had defeated before 
the people. A letter from Major W'eightman, in the 
Spanish language, sent to two very prominent citizens 
of New Mexico, of date March 20, 1852, from Wash- 
ington, has been preserved. Messrs. Miguel Pino and 
Hilario Gonzales were the recipients of this letter. 
In this letter Major Weightman says: "Since my 
arrival in the state of Missouri, I have occupied myself 
in answering the lies of persons who wish to destroy 
the good will of the people of our Territory, and who 
are endeavoring in this way to prevent all legislation 



s,i Kansas Historical Collections — Vol. 9. Account of W. R. 
Bernard of Westport, Mo. 



OP THE TERRITORY OP NEW MEXICO. 387 

by congress for our benefit. In answering the false- 
hoods of these individuals, and in telling the truth, 
I have spent time which otherwise I should have 
dedicated to legislative business and in the perform- 
ance of my duties as your delegate in congress. Now, 
I am going to give you an account of the operations 
of our enemies. On my way to Washington I stopped 
over in the state of Missouri, where I observed, with 
much displeasure, the miserable efforts that are being 
made by pernicious persons, residents of New Mexico, 
to destroy the good name of the inhabitants of New 
Mexico. Our enemies have acted with a zeal worthy 
of a better cause, but to attain their detestable ends, 
they have not hesitated in using all sorts of falsehood. 
Their first statement was in prejudicing the minds of 
the people with monstrous tales against the native 
New Mexicans and equally so against the honest 
Americans living there, who have declared that they 
know our people best and have found them to be good, 
generous and loyal to the Constitution. These men 
have published in various newspapers slanderous false- 
hoods stating that the inhabitants of New Mexico 
harbor hostility and ill-will toward the government 
and people of the United States, so much so, that it 
is unsafe for Americans to live among them. They 
have tried to make the people believe that the death 
of Burtinett was nothing but assassination, cowardly 
and diabolical, and that he was killed for no other 
purpose than that of trying to exercise his privilege 
of voting, and that William Skinner, while making a 
friendly visit to Dn. Juan Cristobal Armijo, had lost 
his life in the midst of cowardly traitors, who had 
surrounded him in order to kill him. These are sam- 



388 THE MILITARY OCCUPATION 

pies of the lies they are circulating. Further than 
this, they are constantly representing that all the 
New Mexicans are ignorant, vicious and totally unfit 
for self-government and unworthy of freedom. 

"They have slandered our friend. Governor Cal- 
houn, and myself and are saying of us that we are 
capable only of administering to the atrocious passions 
of a corrupt and brutal people. Speaking of the clergy, 
I hey refer to them in terms more strongly than of the 
people generally, saying that they are worse than 
brutes and dishonor their calling. 

"To us these slanders are so enormous that it is 
almost impossible to believe that there are men so de- 
praved as to invent them. They have attacked Gov- 
ernor Calhoun and myself principally, because we have 
endeavored to faithfully represent the rights and in- 
terests of the people of New Mexico, instead of turning 
traitors and playing the role of ungrateful beings. 

"It is impossible to resist the conclusion that they 
are endeavoring to secure the re-establishment of the 
repugnant military government, and believing this to 
be their purpose, I have deemed it my most sacred 
duty to follow them step by step, in order that I might 
be able, at all times and in all places, to refute their 
slanderous falsehoods. 

"In the city of St. Louis, on November 13th, I had 
the opportunity of making a general reply to their 
accusations and I herewith send you a translation of 
the article, which was published originally in English, 
for your satisfaction. The malice of these enemies of 
New Mexico does not confine itself to the columns of 
the newspapers in which their statements first ap- 
peared. 



OF THE TERRITORY OF NEW MEXICO. 389 

"They came to Washington and presented false 
complaints to the President of the United States, in 
the form of an accusation against Governor Calhoun 
and myself. Having received this document, which 
consisted of twenty pages, the President sent for me, 
placed it in my hands and asked me to answer its 
contents. In it are repeated the old lies which now 
and then have been published in the Gazette, at Santa 
F6, touching the character of the population of New 
Mexico, and adding to all this the slanders above re- 
ferred to. 

"I have observed the natural effect of all this in 
its prejudicing the mind of the President with the idea 
that the old inhabitants of the Territory are not de- 
serving of being admitted to the exercise of their full 
rights of citizenship, nor to govern themselves as citi- 
zens of this country; and further, that in order to 
protect the lives of Americans, who are living among 
such a mob, it was necessary to re-establish the mili- 
tary government. 

"And now I must tell you who are the persons 
signing these slanderous statements. As already 
stated, I have seen the original statement, the Presi- 
dent, himself, having shown it to me and placed it in 
my hands. The names signed to it are the following: 
Messrs. Houghton, Reynolds, Collins, McGrorty, John- 
son, Tulles and Quinn. 

"Such are the persons who occupy themselves in 
calumniating and slandering the people whom they so 
recently endeavored to seduce with their adulations; 
now, in their rage, they have unmasked themselves, 
and it is an easy matter now to determine who are our 
enemies and who are our friends. But, even this step 



390 THE MILITAKY OCCUPATION 

does not seem to satisfy them in their frenzy. To one 
of the representatives in Congress, Mr. Phelps of Mis- 
souri, with their continuous appeals, they have finally 
induced to believe their falsehoods and have succeeded 
in having him present a memorial to the House of 
Representatives, on the part of Captain Reynolds, 
claiming that he is entitled to my seat in congress, 
the same to which I was elected by favor of the legal 
voters of New Mexico. 

"That memorial contained various injurious allega- 
tions against the character of our people and their 
governor. Mr. Phelps, in his address, read several 
extracts from the aforesaid document, the one pre- 
sented to the President. To Mr. Phelps' speech I made 
reply, as your representative in congress. 

"My reply, which has resulted victoriously, inas- 
much as it was based upon truth, was made in the 
House of Representatives on the 15th of March, and 
I have already sent printed copies to all parts of the 
United States. I have sent one copy of it to New York, 
in order that it may be translated into Spanish, and 
by next mail I shall have the honor and satisfaction 
of sending you a translated copy. Then the people 
will be able to judge whether or not I have defended 
the honor and interests of New Mexico. 

* * * * * * 

"I will send you by next mail a complete list of 
the laws that may be passed. I can mention some that 
have advanced a few steps, but which are as yet 
uncompleted, viz.: A law granting to the legislature 
the right to manage, under certain conditions, the 
money appropriated for the benefit of the Territory; 
the law extending the regular sessions to sixty instead 



OF THE TERRITORY OP NEW MEXICO. 391 

of forty days. A law authorizing the employment by 
each House of an interpreter and four clerks; a law 
authorizing the governor to convene the legislature 
in an extra session for ninety days. A law authorizing 
the President to distribute arms and ammunition of 
war among the inhabitants, that they may defend 
themselves against the attacks of the savage Indians 
that surround them. 

"Retaining a lasting memory of the fondness, the 
hospitality and the confidence, which I have received 
at the hands of my constituents in all parts of the 
Territory, I avail myself of this opportunity of assur- 
ing you that I am 

''Your true friend and servant, 

"R. H. WEIGHTMAN, 
"Delegate from New Mexico." 

Many stories are told of Major Weightman and his 
courage as a citizen and a soldier. Once, during the 
campaign with Doniphan, word reached him that he 
was being maligned by Lieutenant Chouteau. He sent 
for Chouteau and asked him what he meant by such 
talk. Chouteau said that Weightman had not treated 
him fairly in some matter, and grew very angry and 
demanded the satisfaction of a gentleman. Weightman 
was ready to afford him all the satisfaction desired, 
but Chouteau, who was carrying his right arm in a 
sling, having been wounded, asked that the meeting 
be postponed for a while, else he would be at a dis- 
advantage. "Oh, that's all right," said Weightman. 
"I'll hold my right hand behind me and we will shoot 
with our left hands." Fortunately friends interfered 
and the duel was prevented. 



392 THE MILITARY OCCUPATION 

Once, while engaged in practicing law at Santa 
Fe, Judge Joab Houghton was accused by Weightman 
of sitting in a case in which the court was personally 
interested. Judge Houghton responded with a chal- 
lenge. In the duel that followed, soon afterwards, 
Weightman alone tired at the word of command. The 
Judge, whe was deaf, ducked his head, after the bullet 
whizzed by. and shouted, "I didn't hear the command 
to fire." "All right," said Weightman, holding up his 
hands, "von have tin- right to shoot. Fire now." The 
seconds rushed in and tried to induce Weightman to 
apologize and to stop the proceedings. "I'll apologize," 
said Weightman. "as far as being sorry is concerned, 
but (addressing his opponent), I can't take back what 
I said, judge, for it was so." The judge was willing 
to accept that as an apology, but he declared that if 
Weightman ever again insulted him on the bench, he 
would shoot next time to kill. 

During the war between the States, Major Weight- 
man was in General Price's army, and Avas in command 
of a large force of Missourians on Little Blue, east of 
Independence, Missouri. Thomas B. Catron, of Santa 
IV. X. M., at that time a resident of Lexington, Mo., 
was an officer in Bledsoe's Battery, a part of Weight- 
man's command. At the battle of Wilson's Creek, Mr. 
Catron held conversation with Weightman a very short 
time before he was killed. Weightman had personally 
given orders stationing the battery at a certain point 
and ordering them to remain in that position until 
orders to move came from him. It was only a few 
moments afterwards that Weightman was shot. 
Planted on another hill was a federal battery, under 
command of Captain Barkoff, who had been an officer 



OF THE TERRITORY OF NEW MEXICO. 393 

with Weightman in the war with Mexico. This Union 
battery was silenced by the tremendous fire from Bled- 
soe's guns and six guns were captured by the Con- 
federate forces. 

Writing of the death of Weightman, Edwards 
says: ''The Confederates also lost many valuable offi- 
cers, one of the noblest and the best being Colonel 
Richard Hanson Weightman, the hero of Carthage, 
the idol of his command, peerless soldier, the chival- 
rous gentleman and the costliest victim the South has 
yet offered upon the altar of her sacrifices. Amid the 
low growls of the subsiding battle, amid the slain of 
his heroic brigade, who had followed him three times 
to the crest of Bloody Hill, and just as the shrill, 
impatient cheers of his victorious comrades rang out 
wildly on the battle breeze, Weightman's devoted 
spirit passed away from earth, followed by the tears 
and heartfelt sorrow of the entire army." 87 

General Sterling Price knew Weightman's capa- 
bilities as a soldier, and, in his official report to Gov- 
ernor Jackson, of the state of Missouri, of the battle 
of Wilson's Creek, says: "Among those who fell, mor- 
tally wounded upon the battle field, none deserves a 
dearer place in the memory of Missourians than Rich- 
ard Hanson Weightman, Colonel commanding the first 
brigade of the second division of the army. Taking 
up arms at the very begining of this unhappy contest, 
he had already done distinguished services at the bat- 
tle of Rock Creek, where he commanded the state 
forces after the death of the lamented Holloway; and 
at Carthage, where he won unfading laurels by the 
display of extraordinary coolness, courage and skill. 



7 Shelby and His Men, page 36. 



394 MILITARY OCCUPATION OP NEW MEXICO. 

He fell at the head of his brigade, wounded in three 
places, and died just as the victorious shouts of our 
arm}' began to rise upon the air." ss 



ss Official Report — Gen. Price, Aug. 12, 1861, Springfield, Mo., 
to Gov. Claiborne P. Jackson. 



